TITLE: The war of the rebellion: a compilation of the official records of the Union and Confederate armies. / Series 4 - Volume 2 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 Title Page Page R001 THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL IRIECOIRDS OF TIlE UNION AND CONFEDERATE ARMIES. PUBLISHED UNI)ER THE DIRECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AJNSWORTH, CHIEF OF TIlE RECORD AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KIRKEEF. SERIES IVVOLUME II. WASHING TON: GOVERNMENT PRINTING OFFICE. 1900 Page R002 A. i Page R003 PREFACE. The work of preparing the records of the war for public use was begun, 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 appointed to supervise the preparation of the i~ecords and to formulate a plan for their publication, but he performed no service under this appointment, which expired July 27, 1868, by limi- tation. This resolution having also repealed the former one, the project was suspended for the time being. The first decisive step taken was 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 copied 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 prelimi- nary work was resumed by General Townsend. Su~sequently, under meager appropriations, it was prosecuted in a somewhat desultory manner 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, enlarged upon the first scheme of publi- cation. 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, upon his recommendation, the Secretary of War approved the follow- ing order of publication: The first serie~ will embrace the formal reports, both Union and Confederate, of the first seizures of United States property in 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 sev- eral 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 accounts. The correspondence, etc., not embraced 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 orpolitical prisoners. The third series will contain the correspondence, orders, reports, 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 printiiig and bind- ing, under direction of the Secretary of War, of 10,000 copies of a coni- pilation of the Official Records (Union and Confederate) of the War of the Rebellion, so far as the same may be ready for publicatioii, during the fiscal year; and that of said number 7,000 copies 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 subsequent volumes have been distributed under the act approved August 7, 1882, which provides that: The ~olumes of the Official Records of the War of the Rebellion shall be dis- tributed as follows: One thousand copies to the Executive Departments, as now provided by law. One thousand 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 Delegate not exceeding 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 publish*~l, 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 furnished to such libraries, organizations, and individuals. He shall also inform distributees at whose instance the volumes are sent Page R005 PREFACE. V 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. H. M. Lazelle, Twenty-third U. S. Infantry, to duty 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 preparation 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, thecompensation 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. Army, as the military member, and Leslie J. Perry, of Kan- sas, and Joseph W. Kirkley, of Maryland, as the civilian expert mem- 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. XXIV. July 1, 1895, by direction of the Secretary of War, Maj. George W. Davis, Eleventh U. S. Infantry (subsequently lieutenant-colonel Four- teenth U. S. Infantry), relieved Maj. 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 Lieut. Col. George W. Davis 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 Publi- cation 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 Govern- ment for the fiscal year ending June 30, 1900, approved February 24, 1899), the War Records Office was merged into the Record and Pen- sion 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- ience of investigators therewill 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 compilers work is to decide upon and arrange the matter to be published; to correct and verify the orthography of the papers used, and, wherever deemed necessary, to add a foot-note of explanation Page R006 Table of Contents Page R007 CONTENTS. Page. Correspondence, Orders, etc., from July 1, 1862, to December 31, 1863 - - - - 11074 yL Page R008 e ~ C ~-4uu ioa~ Sunday. Monday. ut~ . ~ ~ . u~-~ uu~ Tuesday. ~u: ~ ~ ~ . ~ ~ ~t W~dIWSday. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Thursday. ~ ~ ~ ~ ~ ~ ~ . . a~u~ Friday. ~1Q z C Sunday. ~ .4: ~ u...~: ~ ~ ~: ~ ~..: ~ ~ ~ Monday. ~ ~ ~ ~ ~ ~ ~ ~ ~ Tuesday. ~ ~ ~ ~ ~ ~i~: ~ ~ ~ Wednesday. ~ ~ ~ ~ ~ ~ ~u~: ~ ~ Thursday. ~ ~ ~ ~ ~ ~ ~ ~ ~ Friday. azu~ Saturday. Ok Additions and Corrections Page A001 THE WNR OF THE REBELLION A COMPILATION OF THE OFFICIAL RECORDS OF ~1I1I UNION AND CONFEDERATE ARMIES. ADDITIONS ANT) CORllECTION~ TC SERIES IVVOLUME II. (To be inserted in the vo1n1r1E~. For exploriation see General In(lex volume. Seiuil No. 130, XXVIII.) PUBliSHED UNDER TILE I)LRECTLON OF The Hon. ELIHU ROOT, Secretary of War, BY MUG. GEN. FRED C. ALNSWORTII, CHIEF OF TIlE RECORD ANI) PENSION OFFICE, WAR DEPARTMENT, ANI) MR. JOSEPH W. KLRKLEY. Mr. JOHN S. MOOI)EY, Indexer. WA S llJN~TON: GOVERNMENT PRINTING OFFICE. 1902 Page A002 ADDITIONS AND CORRECTIONS. TEXT. Page 143. After Indorsement on Mallory to Randolph, strike out (late line Rick- mnond, Oc/ober 25, 1862, and address Hon. S. A?. sJJa/iorj, Secre/ary if//ic Nazy. Page 213. J. A. S. to The Adjutant-General, first line, for I send read Issue. INDEX. Insert all words and figures in italics and strike ont all in [bracketsl. Bradley, Joseph C. [El. t)ouglas, S/earner [Ship]. French, S. Bassett. Correspondence. See [also] Virginia, Governor of [Snbsistence Department, C. S. A., 960]. French. Se//i B. Gorrespondence, Subsis/ence Depar/rnen/, C. S. A., 960. ibbes [Gihbs]. Octavius T. 41cCay [McCoy], R. C. xlcRae, J. [James] C. Martin, A. H. Correspondence. War Department, C. S., 6i6, 631.] 4artin, Alfred M. Gorrespondence, iVir Depar/rnen/, C S., 6i6, 6;i. Molyneux, Ednmnod [Edward]. Moore, John E. [C.]. South Carolina Troops (C.). Artillery, Heavy [Light] Regiments: 2d, 3d, 515. InfantryRegiments: [1st (Provisional Army), 815.] S/i/well [StilIwell], Thomas. Caliaferro, Alexander C. Tate, Mi/chell B. [Mitchel]. Ipson, (olunibus [Judge C.]. War Department, C. S. Correspondence: Mart ill, A. .1/. [H.]. Watson Hug/i P. [P. H.]. Whitthorne, Washing/on [William] C. Page 1 SEIRIES IV.VOL. II. I CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS OF THE CONFEDERATE AUTHORITIES, JULY 1, 1862-DECEM- BER 31, 1863.* GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 46. ) Richmond, July 1, 1862. I. The following regulations are published for the information of he Army: 1. Paragraph III, General Orders, No. 24, current series,t is so 1nodified as to permit the appointment of brigade ordn amice officers, who shall have the rank and pay of first lieutenants of artillery. 2. Brigade ordnance officers so appointed will be subject to the livision ordnance officers, so far as relates to ordnance duties, and wIll make requisitions on them. They will also make such reports as rn y be required to the division ordnance officers. 3. Ordnance-sergeawts of regiments will be subject to and make r~ports to the brigade ordnance officers. 4. Since the act of April 19, 1862, providing an ordnance-sergeant t each regiment, the acting appointees, authorized under General ders, No. 24, current series, and made by colonels of regiments, will be reported for appointment under the above act in cases where such report has not been made to the Ordnance Bureau. Hereafter the appointments will be made to regimeiits as to military posts, by the Sj~cretary of ~Tar, and upon the recommendation of colonels of reo~iments, through the Ordnance Bureau, the non-commissioned offi- rs recommended being at once placed upon duty in anticipation of the appointment. II. Paragraph IV, General Orders, No. 44, current series, ~ is hereby rescinded, and the following paragraph is substituted in lieu thereof: Persons under eighteen and over thirty-five years of age who have re-enlisted for three years or the war are not entitled to their discharge under the conscript act. Persons of the ages above mentioned who enlisted for twelve months, or for a shorter term, will be entitled to their discharge ninety days after the expiration of their term of service. * * * * * * * By command of the Secretat~y of War: S. COOPER, A~jutant and Inspector General. (1) 1 R RSERIES IV, VOL II * The letters-sent books of the C. S. War Department from May 23 to Septem- ber 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. t See Vol. I, this series, p. 1065. 1 Ibid., p. 1154 Page 2 2 CORRESPONDENCE, ETC. SURGEON-GENERALS OFFICE, Surg. T. H. WILLIAMS, Richmond, J?dy 8, 1862. Medical Inspector, Danville, Va.: SIR: You are instructed to inform the medical officers within your district who examine recruits that they should not be rejected for trivial defects, but all passed who are capable of bearing arms. A certificate of disability from any medical man is not a sufficient cause for the rejection of a recruit. It is requisite that such certificates should come from a medical officer designated or detailed for their examination. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- General. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND JNSP. GENERALS OFFICE, No. 47. ) Richmond, July 9, 1862. I. The reception of unnaturalized foreigners as substitutes in the Army is hereby forbidden. II. Commissioned officers of new companies, battalions, and regi- ments coming into service will take rank from the date of acceptance in the service of the Confederate States; which date of acceptance will not precede the complete organization of the company, battalion, or regiment, the proof of which will be considered in the act of mus- ter, or of any exercise of authority by the Confederate States over the company, battalion, or regiment. III. Where companies of the same battalion or regiment enter the service on the same day, the relative rank of the officers of the same grade therein will be determined by lot, except in the case of former commissions in the Confederate service, when the fifth paragraph of the General Regulations of the Army will govern. IV. ~The relative rank of commissioned officers of companies, bat- talions, or regiments, who continue in service by re-election to the same grade in the same corps, will be fixed by the date of their origi- nal election or appointment; but those who change their grade or corps by re-election will take rank from the date of such re-election. By command of the Secretary of War: S. COOPER, A4julani and Inspector General. RICHMOND, VA., July 10, 1862. Governor JOSEPH E. BROWN, Atlardc~ Ga.: DEAR SIR: I have received your letter of the 21st ultimo and would have contented myself wil~h the simple acknowledgment of its receipt but for one or two matters contained in it which seeni to require dis- tinct reply. I deemed it my duty to state my views in relation to the constitutionality of the conscription law for the reasons mentioned in my letter to you, but it was no part of my intention to enter into a protracted discussion. It was convenient to send my views to others than yourself, and for this purpose I caused my letter, togethe Page 3 3 CONFEDERATE AUTHORITIES. with yours, to be printed in pamphlet form. I am not aware of hav- ing omitted any part of your observations, nor did I anticipate any further correspondence on the subject. I supposed you had fully stated your views, as I had stated mine, and no practicable benefit could be attained by further discussion. It is due, however, to myself to disclaim in the most pointed manner a doctrine which you have pleased to attribute to me, and against which you indulge in length- ened argument. Neither in my letter to you, nor in any sentiment ever expressed by me, can there be found just cause to impute to me the belief that Congress is the final judge of the constitutionality of a contested power. I said in my letter that when a specific power is granted Congress is the judge whether the law passed for the pur- pose of executing that power is necessary and proper. I never asserted, nor intended to assert, that after the passage of such laws it mioht not be declared unconstitutional by the courts, on complaint inadeby an individual, nor that the judgment of Congress was con- clusive against a State, as supposed by you; nor that all the co-ordi- nate branches of the General Government could together finally decide a question of the reserved rights of a State. rrhe right of each State to judge in the last resort whether its reserved powers had been usurped by the General Government is too familiar and well-settled a principle to admit of discussion. As I cannot see, however, after the most respectful consideration of all that you have said, anything to change my conviction that Congress has exercised only a plainly granted specific power in raising its armies by conscription, I cannot share the alarm and concern about State rights which you so evi- dently feel, but which to me seem quite unfounded. I am, very respectfully, yours, DAVIS. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 48. ) Richmond, July 11, 1862. I. The appointments of general officers and officers of the general staff in the Provisional Army, being made under special authority and for specific objects, terminate with their commands, except in case of assignment to other appropriate duties. II. General Orders, No. 17, Adjutant and Inspector Generals Office, November 7, 1861, authorizing discharges from the service and fur- loughs by brigade commanders, are hereby revoked. III. Paragraphs 160 and 161, Regulations for the Army, published March 13, 1862, are revoked, and the following regulations are sub- stituted: 160. When a non-commissioned officer or soldier shall be unfit for military service in consequence of wounds, disease, or infirmity, his captain shall forward to the ~ommandant of the department, or of the armny in the field, through the commander of the regiment or post, a statement of the case, with certificates of disability, signed by the senior surgeon of the regiment or post, according to the form pre- scribed in the Medical Regulations. If the recommendation for the discharge of the invalid be approved, the authority therefor will be indorsed on the certificates of disability, which will be sent back to be completed and signed by the commanding officer of the regiment or command to which the invalids company belongs, who will als Page 4 4 CORRESPONDENCE, ETC. sign the discharge and cause the final statements to be made out, and forward the certificates of disability to the Adjutant and Inspector General. 161. When a non-commissioned officer or soldier is absent from his regiment or company, in hospital, and shall be unfit for military serv- ice for the reasons set forth in the preceding paragraph, the senior surgeon of the hospital will make out certificates of disability and forward them through the commander of the company or regiment to the commander of the department or of the army in the field, whose approval being given the commanding officer will complete and for- ward the certificates of disability to the Adjutant and Inspector Gen- eral and send the papers of discharge to the surgeon. But when access to commanders is difficult, and attended with great delay, the certificates of disability may, in urgent cases, be forwarded by the surgeon to the Surgeon-General for approval; which being given, the discharge will be authorized from the Adjutant and Inspector Gen- erals Office, and the surgeon will make out final statements. IV. Medical officers are prohibited from recommending leaves of absence and furloughs to sick and wounded officers and soldiers, except when it is absolutely necessary for them to go home to be restored to health; in which case the soldier only will be entitled to transportation, to be given in kind. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, lion. G. W. RANDOLPH, Raleigh, July 13, 1862. Secretary of War: SIR: Without designing to criticise the conduct or policy of the War Department, I will offer a suggestion, which may only receive such aflention as it may merit. The large number of partisan rangers authorized, or claimed to be authorized, to be raised by the Depart- ment is interfering sadly with the enrollment of conscripts, and would therefore seem to be working a serious injury to the service, unless some great good was to be accomplished by them. I think the teach- mugs of expermence show that a long and thorough trainage of both men and horses is absolutely required to make cavalry effective, and a rare combination of talent is required for officers to drill or com- mand or use cavalry to advantage. Without these advantages they are useless except for couriers or pickets. They are very expensive and contribute far more than any other corps to exhaust the resources of a country. The idea of being mounted is agreeable to the habits of our people and has attractions which will carry every one into the cavalry that will be allowed tojoin either cavalry or rangers, to the great detriment of the infantry. If I had not refused to receive cavalry and artillery companies there would not have been five infan- try regiments from this State. I speak partly from experience, as I have raised and equipped two full cavalry regiments for the State, and I know the difficulty and expense of equippimig and drilling them, and I fear that thus far they show but little return of service. Partisan rangers have a kind of separate and independent command, which is another attraction and, I might add, source of detriment Page 5 CONFEDERATE AUTHORiTIES. 5 Now, the eagerness of our conscripts to avoid enrollment by enlist- ment in those independent corps of partisan rangers sadly conflict with the progress of the enrolling officers. The substitutes, particu- larly, are placed in the rangers. Not believing they will accomplish much good and witnessing the difficulties they throw in the way of enrollment has prompted this communication, and I would suggest that any legal means to check them would be beneficial, particularly should the enrolled conscripts, or their substitutes in particular, be not allowed to go into the partisan rangers. I fear the move may even now be too late. I am, most respectfully, yours, HENRY T. CLARK. [Indorsemeut.] A list of the companies of partisan rangers will be furnished. It is not numerous and none were authorized who were not recommended by the general commanding. Probably companies have been raised without authority. If so, they will not be recognized, and the officers enrolling conscripts cannot exempt the members of partisan corps not authorized by the Department. G. ~. R. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 49. ) Richmond, July 14, 1862. All persons engaged in enrolling conscripts are hereby authorized and required to arrest deserters from the Army and to deliver them to the commandant of the nearest camp of instruction, or to lodge them in the nearest jail, and to return their names, company, and regiment to the Adjutant and Inspector General. Jailers are requested to detain them, and will be allowed the fees and charges for the detention of prisoners prescribed by the laws of the State in which the jail is situated. Enrolling officers are also required to report to the Adjutant and Insp~ctor General the names and address of all persons absent from the Army without leave, whether by the expiration of their leaves of absence, furloughs, details, or otherwise; and where this unauthor- ized absence exceeds the time required to correspond with the War Department the enrolling officer will arrest the person and send him to the nearest camp of instruction, reporting the arrest to the Adju- tant and Inspector General. Commandants of camps of instruction are required to forward deserters and persons absent without leave to their regiments, and have the powers of arrest conferred upon enrolling officers. By command of the Secretary of War: S. COOPER, Adjutant amd Inspector General. CIRCULAR. j ADJT. AND INSP. GENERALS OFFICE, Richmond, July 14, 1862. OFFICERS ENROLLING CONSCRIPTS: Agreeably to General Orders, No. 49, current series, this day pub- lished, you are required to arrest all deserters, and, under certain cir- cumstances, all persons absent from the Army without leave Page 6 6 CORRESPONDENCE, ETC. The public welfare requires you to discharge this duty aud the more important duty of enrolling conscripts with the utmost activity, and without fear, favor, or affection. Our capacity to improve the recent victories now favoring our arms depends mainly npon your exertions to fill the ranks of our armies. If you are zealous and active we shall make our enemy taste the bitterness of war; if you are negligent we shall continue to witness its ravages on our own soil. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 163. Richmond, July 15, 1862. * * * * * * * XIII. Lieut. Col. Larkin Smith, assistant quartermaster-general, will assume the duties of Quartermaster-General during the tempo- rary absence of Col. A. C. Myers. * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. [JULY 16, 1862.For Bragg to Cooper, in relation to the perplex- ities and difficulties growing out of the existing laws and regulations touching army organization when enforced, & c., see Series I, Vol. XVII, Part II, p. 647.] Hon. ~. XV. RANDOLPH, SPARTA, GA., July 17, 1862. Secretary of War: DEAR SIR: I address you a line in behalf of a number of our citi- zens in different parts of the State. After the passage of the conscript act and before enrollment was authorized to comnmnence quite a num- ber volunteered in new regimnents, organized under authority pre- viously granted, and procured substitutes and were received by the officers, as they supposed they had a right to do under the law. The enrolling officers now hold these parties subject to service, notwitli- standing they have substitutes in their places, upon the grounds that not more than one substitute per month could be received into any company. This is deemed hard and oppressive. I suggest to you that instructions be given to IL~1ajor Dunwody that all persons in this State liable to conscription shall be exempt who honestly and bona fide has a substitute not liable to conscription in service in his place. The clear intention of the conscription act was to allow such substi- tution, and when for want of proper information proper form has not been followed, but the substance obtained, amiy evil ensuing ought to be corrected, for if these parties had waited a few weeks and reported themselves to Major Dunwody with their substitutes they could, I take it for granted, have been received without question. I know o Page 7 CONFEDERATE AUTHORITIES. 7 my own knowledge several very clever gentlemen, highly patriotic, whose brothers were all in the war and whom it would have injured seriously in their private and business matters to leave home, and whom nothing but the most important considerations could have kept from the service, who procured substitutes in this way promptly and willingly, some of them at very high rates. It would certainly be hard now to require these men to go into service or to procure another substitute when they already have one in their stead. You understand me, I trust. All is very respectfully submitted to your attention and consideration. The extent of my suggestion is that those who now have substitutes in the service not liable to conscrip- tion shall be exempt, notwithstanding they may not have pursued strict form in the matter. Yours, truly, ALEXANDER H. STEPHENS. P. S.I am here for a few days on a visit and shall be at home in a week. A. II. S. CONFIDENTIAL) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, CIRCULAR. ) Richmond, July 17, 1862. SIR: Our armies are so much weakened by desertions, and by the absence of officers and men without leave, that we are unable to reap the fruits of our victories and to invade the territory of the enemy. We have resorted tc courts-martial and military executions, and we have ordered all officers employed in enrolling conscripts to arrest both deserters and absentees, and offered rewards for the former. In Virginia the sheriffs, constables, and jailers have also been employed by the permission of the Governor, but still the evil con- tinues, and unless public opinion comes to our aid we shall fail to fill our ranks in time to avail ourselves of the weakness and disor- ganiwation of the enemy. Their resources enable them to repair defeat with great rapidity, and they are more numerous now in Virginia than they were before the recent battles near Richmond. I must therefore beg Your Excellencys aid in bringing back to our colors all deserters and absentees. If you will authorize their arrest by State officers, and bring to our assistance the powerful influence of public opinion in your State, we may yet cross the Potomac before a fresh army is raised to oppose us. It is desirable that this cause of weakness should be concealed as munch as possible from the enemy, but we cannot adopt measures to remove it without risking to some extent a disclosure of its existence. Very respectfully, GEG. W. RANDOLPH, Secretary of War. (Sent to the Governors of States.) [JULY 17, 1862.For Blanchard to Randolph, inclosing Hiudmans order for the enrollment of all white men between eighteen and thirty-five in volunteer infantry companies, the State authorities assenting, see Series I, Vol. XV, pP. 779781. Page 8 8 CORRESPONDENCE, ETC. GENERAL ORDERS, WAR DEPARTMENT ) ADJT. AND INSP. GENERALS OFFICE, No. 50. ) Richmond, July 18, 1862. I. Conscripts engaged on Government work, either directly or by contractors, will not be taken from the work on which they are engaged, except for the purpose of enrollment, after which they will be returned on the certificate of the officer under whose charge the work is being performed, or with Whom the contract is made. Such certificate will be presented to the enrolling officer, who will there- upon order the detail of the men specified for a period not to exceed sixty days. A duplicate of such detail will be forwarded at once to the Adjutant and Inspector General, and a triplicate to the chief of the department or bureau for which the work is performed. Extensions of these details will be made when deemed necessary, on application through the heads of the departments or bureaus. * * * * * * * IV. Conscripts will be paid from the date of their departure from home for camp of instruction. Troops raised by the States under requisitions made on them by the Confederate States Government will be paid from the date of their assembling at the rendezvous for service, being already enlisted, or from the date of the enlistment, if that takes place at the rendezvous. V. The only authority giving mileage or transportation to officers or soldiers in the field emanates from the general commanding the particular army. VI. Arms and munitions of war belonging to States are strictly prohibited from being seized by any Confederate officer; and public arms and supplies will not be diverted from their legitimate desti- nation by any officer of the Army. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. S NASSAU, NEW PROVIDENCE, July 19, 1862. Hon. G. W. RANDOLPH, Secretary of War, Richmond: DEAR SIR: I have a word to say in regard to Mr. Hart and Mr. Isaac, who represent the interests here of S. Isaac, Campbell & Co., of Lon- don. They have shown a disposition to presume on the alleged services they have rendered to Government, services for which I sup- pose they have been most amply remunerated. Mr. Ilart (for I have had no intercourse with Mr. Isaac) is a resident of New York, and, as the uncle of the latter, came out here to superintend the business transactions of the London firm. He has been sufficiently adroit not to address himself directly to m~e as regards his supposed grievances, but I do know that Isaac has openly boasted that the Government owes everything to his house, and that his reason for coming to Nas- sau was to take the business of runnimig the blockade into his hands and monopolize it to the exclusion of John Fraser & Co., who, as lie alleges, have not done one-half for the Government which his con- cern has accomplished. Of course you will estimate this braggadocio at its propem value, but I have cited it to show the animus by which lie is guided Page 9 9 CONFEDERATE AUTHORITiES. The steamer Columbia arrived a few days since with a cargo con- sisting of two batteries of cannon complete. You will remember this is the boat I alluded to in my communication of the 28th ultimo. Unwilling to incur mnch risk, Mr. Hart has decided to unload a portion of the cargo and fill up the steamer with outside freight. He applied to Adderly & Co. for some of the Government freight, which, adhering to the plan of incurring no risk, he was will- ing to take at 40 per ton, payment to be made here, or its equivalent by satisfactory guarantee equal to about $370 at home, payable in advance. This in itself was conclusive as to my decision, but I told Adderly to say to Hart that if he would take something on the terms I have hitherto shipped, say from $265 to $360 per ton, payable in our currency, and on the landing of the goods, I might consent to ship a portion hereafter. Adderly advised Hart to address himself to me personally, but he replied that he only wished to deal with Adderly direct. Mr. Hart seemed little disposed to entertain this proposition, and muttered something about representing the matter in its proper light to Captain Huse and Messrs. Mason and Slidell. To Adderly I had no hesitation in saying that John Fraser & Co. were the staunch friends of Government, and that so far as I was concerned I should always give them the preference on equal terms. I feel con- vinced, moreover, that you will bear me out in this decision, aware as I am of the eminent services the house has rendered, and of the high sense of patriotism by which all their transactions with Govern- nient have been influenced. I dislike to intrude aught personal to myself, but I do trust you will receive the assurance in the spirit it is conveyed, that a sense of duty alone actuates me in the course I have pursued here as agent of the Government, that no inducement can swerve me to depart from the rule I have laid down to deal only with the real friends of our cause, and that as far as my interest is concerned it is simply identical with that I have been called upon to watch over. My intercourse with Mr. Lafitte, the agent of Fraser & Co., has been of the most satisfactory character. He has never failed to respond to any request I have made in behalf of the Government, and I consider itrortunate indeed that a gentleman of such sterling worth has been here, to whom on all occasions I could freely apply for advice and assistance. I have deemed it proper to make these statements to you. The threats of outside parties who vaunt their attachment to Government, because, forsooth, it is for their interest to do so, caiinot affect me. I look solely to you and the Government for approval of my course. It may hereafter be a matter for consideration how far the boasted services of S. Isaac, Campbell & Co. has been offset by the prices they have charged the Government for their supplies. I am, very respectfully, your obedient servant, L. HEYLIGER. OFFICE PROVOST-MARSHAL, Atlanta, Ga., July 20, 1862. Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.: DEAR SIR: Please allow me to call your attention to a few evils which are being practiced in this country by men who ought to be in service, but by their wits succeed in keeping out. There are hun- dreds of men strolling through the country without any visible mean Page 10 CORRESPONDENCE, ETC. of support or papers to show who they are. Some of them are trav- eling through the country on orders forged by themselves purporting to be signed by a commander at some distant post; others stop over at a place long enough to steal money to get away on, & c. One of these parties I had arrested, and the report of the court of inquiry goes forward with this. This being one of the most important places iii our Confederacy on account of the great number of railroads centering here, all this class of men congregate at this point, as do also officers and soldiers absent from their commands without the proper papers; and as we are not in possession of such orders as warrant the arrest of such parties, I very much desire that instructions may issue from the Department that will cover all these points. The pernicious practice of trading with the United States is carried to a very great extent through this city, and men are engaged in it who are indorsed by men who I am loth to distrust, but who will at the same time give $225 in Confederate notes for $100 in gold, and who will also give $120 or $125 for $100 of the issues of the banks of Alabama, Georgia, or South Carolina, in order to carry on this illicit trade. On this point I am anxious to have orders also. Again, parties who are now residents and have been for years of this country, but were born and raised North, are now often slipping away and will be gone one, two, or three months to the North, and then return and stay here perhaps the same length of time and leave again. Another class, who come forward and say plainly that they have property North and desire to go there in order to secure it, or for their health, or to school their children, all of which looks to me as if they were only anxious to leave the country. On these points also I would like advice. A thousand other things present themselves, but I have already trespassed too far, and I beg of you to excuse inc for the intrusion. hoping that instructions will be issued that will cover all the points, I have the honor to be, your obedient servant, G. J. FOREACRE, Provost-Marshal. P. S.To turn any case over to civil authorities in times like this, at this particular point, is almost equal to allowing them to pass unnoticed. G.J.F. ATLANTA, GA., July 22, 1862. his Excellency JEFFERSON DAVIS: DEAR SIR: I have the honor to acknowledge the receipt of your letter of the 10th instant, and I am very happy to know that you dis- claim the doctrine which I think every fair-minded man has attributed to you who has read your letter of the 29th of May last, and has con- strued plain English words according to their established meaning. When a writer speaks of a tribune that is to bo the judge~ of a case without qualification we certainly understand him to mean that this judge has the right to decide the case. And if the judge has this right, the decision must be binding upon all the parties, and no dis- tinct and separate tribunal, as a different department of the Govern- ment, for instance, has the right to decide the same case after it has been decided by the judge having competent jurisdiction. It would seem to be a contradiction in terms to say that when a specific powe Page 11 11 CONFEDERATE AUTHORITIES. is granted, Congress is the judge whethe.r the law passed for the pur- pose of executing that power is necessary and proper, and that the true and only test is to inquire whether the law is intended and calcu- lated to carry out the object, whether it devises and creates an instru- mentality for executing the specific power granted, and if the answer be in the affirmative the law is constitutional, and then to say, after this test has been applied, and Congress has passed judgment, that another department of the Government, as the President, or the judi- ciary, or another government, as a State, may take up the case thus decided by the tribunal having, under the Constitution, competent jurisdiction, and make a different decision. It is, I believe, an estab- lished principle in all civilized nations that when a court of competent jurisdiction, unless guilty of fraud or mistake, has finally decided a case, the judgment is conclusive upon all parties. But you say you never asserted nor intended to assert that the judgment of Congress was conclusive against a State. Pardon me for saying that you did assert that Congress is the judge, and that you did not qualify the assertion by saying the judge in the first instance, nor did you annex any other qualification or exception in favor of the rights of a State or any other party. I had, therefore, no right to suppose that you intended to ingraft exceptions upon a rule which you laid down in the plainest terms, without exception. I make the above references to your former letter to Show that I had no disposition to do you injustice, and that I do not consider that I misrepresented your position as contained in your letter. The thousands of intelligent citizens in different parts of the Confederacy who have placed upon your letter the same construction which I had will doubtless be gratified that you now disclaim the dangerous doc- trine as to the power of Congress to which your strong, unqualified language seemed clearly to connect you. In reference to the publication by you of the two letters containing part of our correspondence, I need only say that you had devoted a large portion of your letter to a reply to my argument, which was before you, and had, in the same letter, for the first time, given the am~guments by which you maintain your own position. These I had never seen, and, as you had replied at length to my argument, it was, I think, but fair and just, according to all rules of discussion, that I have an opportunity to reply to yours, and that the whole case be submitted to the country together. Unless thiere were important reasons of state which, in your judgment, made it necessary to place the discussion before the country incomplete, in order to satisfy the discontent which existed in thie public mind on account of what a very large proportion of our people regard a dangerous usurpation, or unless other good reasons existed for a departure from the usual rule in such cases, I am unable to see why the whole correspondence, when given to the public, should not have gone throughi the usual official channels. I have certainly had r~o wish to protract the discussion of this question further than duty and justice to the people of thus State required. I feel that I cannot close, however, without again ear- nestly inviting your attention to a question which you must admit is practical. I think I have established beyond doubt in my former letters the constitutional right of the State of Georgia to appoint the officers to comumand th~ regiments and battalions which she has sent into the service of the Confederate States in compliance with requisi- tions made by you upon her Executive for organized bodies o Page 12 CORRESPONDENCE, ETC. troops. You admitted in your letters thattliese bodies organized l)y the States, when called forth by the Confederacy to repel invasion, never came otherwise than with their company, field, and general officers. Your former Secretary of War, now Secretary of State, has also admitted the right of the State to appoint the officers to command the troops sent by her into the service of the Confederacy under requisitions from you. You have not thought proper in either of your letters to give any reason why the State should be denied the exercise of this clear constitutional right. In this state of the case you still exercise the appointing power which belongs to the State, and commission the officers who are to command these troops. The laws of this State give to these gallant men the right to elect their own officers and have them commissioned by the Executive of their own State. This question is of the more practical importance at present on account of a large number of gallant officers belonging to these regiments having lately fallen upon the battle-field, whose places are to be filled by others. The troops volunteered at the call of the State, with a knowledge of their right to elect those who were to com- mnand them, and went into the field with the assurance that they would be permitted to exercise this right. It is now denied them under the conscription act. Some of them have appealed to me to see that their rights are protected. As an act of justice to brave men who by their deeds of valor have rendered their names immortal, and as an act of duty which, as her Executive, I owe to the people of this State, I must be pardoned for again demanding for the Georgia State troops now under your command permission, in all cases in which they have already been deprived of it or which may hereafter arise, to have the conipany, field, and general officers who are to command them appointed by election and commissioned from the Executive of Georgia, as guaranteed to them by the Constitution of the Confederacy and the laws of the State. I niake this demand with the greater confidence in view of the past history of your life. I have iiot the documents before me, but if I mistake not President Polk during the war against Mexico, in which you were the colonel of a gal~ant Mississippi regiment, tendered you the appointment of brigadier-general for distinguished services upon the battle-field, and you declined the appointment upon the ground that the President had iio right under the Constitution to appoint a brigadier-general to command the State volunteers then employed in the service of the United States, but that the States and not the General Government had the right under the Constitution to make such appointments. If Congress could at that time confer upon the President no right, under the Constitution, to appoint a brigadier-general to command State troops in the service of the Confederacy, Congress certainly cannot now, under the same constitutional provision, confer upon the Presi- dent the right to appoint not only the brigadier-generals, but also all the field and company officers of the State troops employed in the service of the Confederacy. MAy I not reasonably hope that the right for which I contend will be speedily recognized, and that you will give notice to the Georgia State troops, now under your control, who went into service under requisitions made upon the State by you, that they will no longer be denied the practical benefits~~ resulting from the recognition. You conclude your letter by saying you cannot share the alarm and concern about State rights which I so evidently feel. I regret that you cannot. The views and opinions of the best of men are, how Page 13 13 CONFEDERATE AUTHORITIES. ever, influenced more or less by the positions in which they are placed and the circumstances by which they are surrounded. It is probably not unnatural that those who admiuister the affairs and disburse the patronage of a confederation of States should become to sonic extent biased in favor of the claims of the Confederacy when its powers are questioned, while it is equally natural that those who administer the affairs of the States and are responsible for the protection of their rights, should be the first to sound the alarm in case of encroachments by the Confederacy which tend to the subversion of the rights of the States. This principle of human nature may be clearly traced in the history of the Government of the United States. While that Govern- ment encroached upon the rights of the States from time to time, and was fast concentrating the whole power in its own hands, it is worthy of remark that the Federal Executive, exercising the vast powers and dispensing the immense patronage of his position, has seldom if ever been able to share in the alarm and concern about State rights, which have on so many occasions been felt by the authorities and people of the respective States. With renewed assurances of my high coiisideration and esteeni, I am, very respectfully, your obedient servant, JOSEPH E. BROWN. SuRGEON-GENERALS OFFICE, Richmond, July 22, 1862. Surg. T. II. WILLIAMS, liiedical Director and inspector, Danville, Va.: SIR: The attention of medical directors is agaimi called to pamphlet of March 21 and circular of April 2 from this office urging upon medi- cal officers the necessity for collecting the indigenous botanical reme- dies of the South and eniploying them liberally in the treatment of the sick. Medical directors are now specially instructed to bring the subject promptly to the notice of the medical officers of their respec- tive districts, and will be required to report to theni what articles have been collected and in what quantities, in order that this office may be kept informed of the progress of this work. The indigenous astringents, the cranes-bill, marsh rosemary, black- berry, sweet gum, & c., should be made available in the treatment of the bowel complaints of the warm season. Iii malarious districts the dogwood, tulip-bearing poplar, willow, boneset, centaury, and other indigenous tonics should be used as prophylactics as well as curatives. Especially should medical officers be instructed to procure an ample supply of articles of mucilaginous properties as the bene, the leaves of which are now about falling; the twigs, bark, amid pith of sassa- fras; the bark of the elm, seed of the flax, or other accessible sub- stances which might in a measure be substituted for the acacia or other imported articles of like character. Attention should also be particularly invited to a further investigation of the medicinal virtues of the Pinckneya pubens or calico bush (not the Kalmia latifolia or calico bush) frequenting South Carolina, Georgia, and more abun- dantly Middle Florida, it being closely allied in character to the cm- chona, and having been used successfully in intermnittent fever. Any interesting information elicited on this subject will be transmitted to this office. With the ample supply of indigenous remedial agents afforded by the materia medica of the South and at their disposal in the vicinit Page 14 14 CORRESPONDENCE, ETC. of every camp and garrison, it is considered an injustice to their pro- fession aiid to their corps that medical officers should complain of a want of means of treating the sick under their charge, and it is to be hoped that the example of some few regimental medical officers who have had collected and used and have reported upon the beneficial results derived from the use of these remedies will be generally emu- lated. The receipt of these circulars will be acknowledged. S. P. MOORE, Surgeon- General. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND JNSP. GENERALS OFFICE, No. 52. ) Richmond, July 23, 1862. I. It will be the duty of the commanding generals of separate armies to cause to be entered, in some conspicuous place on the standards of regiments, battalions, and separately organized squadrons of their commands, the names of the several battles in which their regiments, battalions, and separate squadrons have been actually engaged. II. With a view to carry into effect so munch of the act of April 21, 1862, as provides that the President mnay, when in his opinion it is proper, fill any vacancy by the promotion of any officer, frommi any company, battalion, squadron, or regimemit in which the same may occur, who shall have been distinguished in service by the exhibition of extraordinary valor or skill, and that when ammy vacamicy shall occur in the lowest grade of comumissioned officer of amiy comupany the same mnay be filled by selection, by the President, of any non-comninissioned officer or private from the company in which said vacancy may occur, who shall have been distinguished in the service by the exhibition of extraordinary valor and skill, it will be the duty of the several com- nian(hing officers hereimi referred to to furnish reports setting forth the facts and circumustamices of the extraordinary valor amid skill displayed by such officers, nomi-comumissioned officers, amid privates as immay be recomummiended by themn for promotion, agreeably to the pro- vision o# this act. These reports will be passed through the ascending channel of comnmunnication provided by the Army Regulations to the comumanding general, who will forward the same, with such remarks as he mna.y deem necessary, to the Adjutant and Inspector General for the action of the Secretary of War. III. The emnploy4s of railroad conipanies are authorized and requested to examimie the passes and furloughs of soldiers passing over their roads amid to arrest all deserters and persons absent without leave from the Army, whenever they may be found on said roads, and to deliver them to an officer of the Army at the most convenient post or station, or to lodge them iii jail and report their names and regiments to the Adjutamit amid Inspector General, Richmond. Thirty dollars will be paid for all deserters delivered to an officer, and $15 for each deserter lodged imm jail. No allowance witl be muade for the expemises of appre- hensiomi and transportation. All jailers receiving deserters are re- quested to detain them. Time usual allowamice for prisoners will be made. By command of the Secretary of War: S. COOPER, Adjutant. and Inspector General Page 15 CONFEDERATE AUTHORITIES. 15 DEPARTMENT OF JUSTICE, Richmond, July 24, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War: SIR: Your letter of this date propounds to me the following ques- tion: The first section of the conscript law requires all persons under the age of eighteen years and over the age of thirty-five years to remain in their respective corps for ninety days, unless their places be sooner supplied. Does this mean ninety days from the passage of the act, or from the expiration of their term? The intention of the law-makers must be gathered from the language used in the law and from the context, looking at the mischief felt and the object and remedy in view. The language of the proviso to the first section of the act is: That all persons under the age of eighteen years or over the age of thirty-five, who are now enrolled in the military service of the Confederate States, in regi- ments, squadrons, battalions, and companies hereafter to be reorganized, shall be required to remain in their respective companies, squadrons, battalions, and regiments for ninety days, unless their places can be sooner supplied by other recruits not now in the service who are between the ages of eighteen and thirty- five years, & c. This language is plain, and, according to well-established rules of construction, it must govern, unless there is something in other parts of the act which makes it necessary to disregard the particular intent thus manifested in order to accomplish the general purpose of the law- makers, made manifest by the whole of the parts compared together. From what time shall we commence to count the ninety days? In our Goverumnent all laws take effect from the day of their passage, unless otherwise expressed. As no period is fixed by this law from which to comumnence tIme ninety days, we must commence from the day of the passage of the act. This is the grammatical as well as the legal construction of the language used. After a careful analysis and examination of the whole act, I can discover nothing which cr~tes a doubt on the subject. This proviso applies to all persons under the age of eighteen and over that of thirty-five in companies, squadrons, battalions, and regiments which have the right givemi by the first section of the act to reorganize, i. e., those enlisted for a term not longer than twelve months. As the contract with the Govern- ment binds the twelve-months men for the whole stipulated term, I do not suppose that any over the age of thirty-five or ummder the age of eighteen can, under this law, be discharged on account of age until the expiration of their stipulated term, although somne might be retained fonger than ninety days after the passage of the act. My opinion is that all over the age of thirty-five and those under the age of eighteen whose term of service, according to enlistment, expires on or before the end of mminety days from the passage of the act are entitled to dis- charges at the end of said ~ilnety days. All twelve-mouths men over thirty-five and under eighteen years of age whose term of service, according to enlistment, does not expire within ninety days fromn the passage of the act wift be entitled to discharge at the expiration of their term of service. I have the honor to be, & c., T. II. WATTS, Attorney- General Page 16 16 CORRESPONDENCE, ETC. HEADQUARTERS STATE OF SOUTH CAROLINA, Columbia, July 24, 1862. Hon. G. W. RANDOLPH, Secretary of 1Var: SIR: I received yours dated 17th instant marked confidential. I have issued an order to the sheriffs and deputies of the different judi- cial districts of this State, a copy of which is herein inclosed. * I have inquired of the adjutant-general if there are many cases in this State such as your letter has reference to, and he informs me he thinks there are but few of that kind in this State. I deeply regret to know of this source of weakness to our armies. I have known for some time that one great source of disorganization in our forces has been the long furloughs given to supposed cases of permanent illness and wounded men. If we had some safe central place where permanent hospitals were erected on a large scale, one for the east and one for the west, where all sick and wounded could be sent in all cases that required time, it would obviate this difficulty in a great measure. Never let them be sent home unless where it is evident they never can be again fit for service. In that way they would always receive the best medical attendance and be sent back to their post in the earliest possible time. In many cases in the fights, particularly around Richmond, many have been sent home at a very warm time on crowded cars, when no surgeon who discharged his duty ought to have allowed it, for many die on the cars, and are left at the roadside hospitals to languish and finally die, who, if properly taken care of and not allowed to leave, might have been saved and gone back soon to the Army. I most respectfully call your attention to the loose manner in which furloughs have been granted and men sent off. In the Army of the West I believe it was worse, for in one of our regi- ments at Corinth of 1,000 men I believe near 600 came home, or, at least by report sent on, not more than 360 were reported for duty at one time. I have sent a copy of your letter and of my order to local officers to Lieut. Col. John S. Preston, your enrolling officer for this State, to receive froni him any suggestions he may have. It will afford ~ne great pleasure to do anything in my power to aid or strengthen you in effecting the purposes you desire. I would most respectfully suggest that the conscripts now here in camp be imme- diately sent on to you, for they can be trained better and quicker by being assigned to different regiments now in service than here, and if kept here they will become totally disorganized, and you will lose many of them. I earnestly call your attention to this point. I am, most respectfully, your obedient servant, F. W. PICKENS. EXECUTIVE OFFICE, Jackson, Miss., Jm~y 26, 1862. (Received August 7.) Hon. G. W. RANDOLPH: SIR: Your confidential letter in regard to men and officers absent fromn duty was received this morning and shall receive prompt atten- tion. No effort shall be spared to fill up the ranks of our armies. Please say to the President that the arms he sent me have not yet arrived and I have the militia ready waiting for them. * Not found Page 17 CONFEDERATE AUTHORITIES. 17 Your commandants of camps for conscripts are calling them out and will soon get in service all liable to that duty. J. J. PETTUS. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, July 26, 1862. lion. GEORGE W. RANDOLPH, Secretary of TVar, Richmond, Va.: SIR: The numerous appeals made to me for my influence to exempt certain very hard cases nuder the conscript act induces me to call your attention to three classes who seem to have pressing claims for your consideration: First. TannersThere are many small establishments of this sort which contribute essentially to the supply of a most necessary article, whose services cairnot well be stopped. They supply neighborhoods, while larger tanneries supply the public. Secoimd. There is a class of millers who are directly and immediately necessary for a supply of food, and too poor to employ a substitute like their brethren on a larger scale, who are exelnpte(l without a substitute. Third. Physicians themselves are not entitled to more than other professions or trades, yet it so happens from the number in the Army, either soldiers or surgeons, many large districts of country are likely to be without physicians if the conscript act is rigidly enforced. Doctors are an admitted necessity. All of them should not be excused, but a regulation which would leave one to each district would be most favorably esteemed. The law gives you no power or discretion about discharges or exemptions; but they may be enrolled, with permission to remain at home waiting orders. If these cases have any merit they will at once occur to you, and I leave them for your consideration. Yours, most respectfully, HENRY T. CLARK. U [Indorsement.] The Secretary of War has considered all these eases and many more. TREASURY DEPARTMENT, Richmond, July 26, 1862. Hon. G. W. RANDOLPH, Secretary of War: SIR: I herewith inclose you a copy of a representation made to this Department, stating that General H. E. McCulloch, of Texas, seized the war tax collected in that State. This interference is likely to produce the greatest confusion, both iii this Department and in the War Depart- ment. I had appointed a depositary in Texas, to whom I had directed the war tax to be paid, and,have drawn Treasury warrants on him to pay requisitions made by the War Department. These warrants will now be dishonored. The Treasury Department will have no means of administering the war-tax arrangements, as it seems that the gen- eral will intercept the money before it reaches the chief collector or depositary. It appears to me that the transaction is so illegal and so irregular as to call for the immediate interference of the Government. 2 R RSERIES IV, VOL I Page 18 18 CORRESPONDENCE, ETC. The evidence is not complete, but it seems sufficient to enable me to ask your interference. Mr. Sorley, who writes the inclosed letter, is the collector of customs at Galveston and the depositary for Texas. Very respectfully, your obedient servant, C. G.MEMMJNGER, Secretary of the Treasury. [Inclosure.1 lion. C. G. MEMMINGER, RICHMOND, July 26, 1862. Secretary of the Treasury, Richmond: SIR: I learn from Capt. William M. Armstrong, of Colonel Debrays regiment mounted Texas troops, that on his way to this city he saw posted at the post-office in Nacogdoches, Tex., an order from Brig. Gen. II. E. MeCulloch, addressed to the collectors of the Confederate war tax, instructing them not to pay over the funds in their hands to any person whatever, except to persons authorized by him to receive it, nuder penalty of being deemed enemies and traitors. Mr. Jack Davis, who is now in this city, as bearer of dispatches from General MeCulloch to the War Department, confirms this statement, and adds that under the order General MeCulloch has collected from $100,000 to 150,000. As you have given orders to the collectors of the war tax giving another direction to the dL~position of the funds, I deem it my duty to communicate the above. Very respectfully, your obedient servant, JAMES SORLEY, Depositary of Galveston, Tex. NASSAU, NEW PROVIDENCE, July 26, 1862. lion. G. W. RANDOLPH, Secretary of War, Richmond: SIR~ Inclosed you will find duplicate of my last communication of the 19th instant per Hero. * The steamer Herald arrived here yester- day and the steamer Kate to-day, but brought inc no letters. The former was fired into by the Yankee gun-boat Adirondack in sight of Nassau; that is, only five miles from shore. It appears that the lat- ter must have been close to the island during the night, and at day- break steamed off, which deceived the Herald, then coining in, into the belief that she was a British man-of-war. Under this impression the Herald approached within a quarter of a mile of the Yankee, when the latter opened fire and threw a number of shot and shell at her. The Herald was struck three times, but sustained no injury. Captain ilickley, of Her Majestys ship Greyhound ,got up steam and sent off a boat bearing a written protest against this infringement of neutral and maritime rights. The captain of the Yankee responded by citing Vattel and other writers on international law, and main- tained that he had committed no trespass, the firing having been done beyond the prescribed distance of one league. Here the matter rests, but reference will be had to the home authorities. Subsequently the Adirondack came into the outside anchorage and fired two salutes, one of which was responded to from shore and the other from the * See P.S Page 19 19 CONFEDERATE AUTHORITIES. Greyhound. This afternoon application was made to the Governor for permission on the part of the Yankee to coal to an extent sufficient to take her to Hampton Roads. I have not been able to learn the Governors decision. In addition to the numerous outrages recently perpetrated by the enemy I will niention the capture of the British brig Lilla, from Liverpool for Nassau with an assorted cargo, including 200 tons of saltpeter. She was taken off the Hole-in-the-Wall and has been carried into Boston. England has shown a degree of patience under these repeated aggressions for which hitherto she has not received due credit. In relation to the steamer Columbia, of which I wrote you on the 28th ultimo, Mr. T. F. Smith, another agent of S. Isaac, Campbell & Co., and of Mr. T. Stirling Begley, the owner of the vessel, has informed me that by the last mail he received intelligence that the entire cargo was the property of the Confederate States Government. He read to me an extract from a letter of Mr. Begley under date of July 1, to the following effect: You will at once deliver the cargo of the Columbia to any known representa- tive of the Confederate Government, taking a receipt for the same, so that I shall obtain payment here, as there may be no funds in Nassau to pay for the same. The Columbia has unloaded about one-half of her cargo, and the portion remaining on board consists of the following: One battery of eight guns, caissons, limbers, & c.; two mountain howitzers, with sad- dle and harness complete; one forge, complete; one reserve wagon and harness, complete; 2,500 shells and fuses. Mr. Smith stated that his object was to obtain my approval of the shipment of the above per Columbia to the Confederate States. I replied that the extract from the letter above cited was not conclusive evidence to my mind of own- ership, though it would certainly bear that interpretation; but that if it was the property of the Government I had no hesitation in letting it go forward, the rate of freight to be fixed at home. He asked for a receipt for the remainder of the cargo, which I agreed to give, but in such a shape as not to commit the Government to the ownership of the same. I presume that ere the receipt of this you will have been apprised of the change, if it has really taken place. I have no other information on the subject. By the Herald and Kate I shall send further supplies of arms and munitions, but will reserve the cannon until I hear from you. Messrs. John Fraser & Co. write that the supply of field artillery is fully ade- quate. The testimony in the case of the Preto has been concluded, and I am unable to discover a particle of evidence that can condemn her. The argument of counsel will take place on the 30th, so that by the 1st proximo we will have the decision. It will be favorable. We have all read with feelings of intense interest the details of the great battles before Richmond. It is needless to say that these signal successes have produced th~ most beneficial influence on the public mind here. They cannot ail also to create a powerful impression in Europe. With 18 pence for cotton in Liverpool and a stock adequate only to a few weeks ordinary consumption, the screw will be tight- ened to a degree that must inevitably give rise to the very gravest apprehensions, and the British ministry will find it difficult to resist the clamor for immediate recognition and subsequent mediation, to use the new expression for intervention. I mnnst call your attention to what I conceive to be a most unpatri- otic procedure and gross exaction on the part of our pilots. Four o Page 20 20 CORRESPONDENCE, ETC. the Charleston branch pilots arrived on the Kate this morning. They have fixed their demands at $1,500 to be paid here and $3,500 at home. We have offered the exorbitant rate of $1,000 here and $3,000 on arrival, which they have thns far refused. This bears very onerously on the vessels and may prove a formidable hindrance to the trade. The steamer Scotia, a private venture, will leave in a day or two with a cargo of 1,600 Enfield rifles, 600 barrels of powder (of which about 600 cannon), 250,000 cartridges, and 250,000 percussion-caps [sic]. The rifles have been inspected by our viewers. The Leopard will sail early in the morning, and the Ninho on the following day. The steamer Ladona, from England, via Bermuda, arrived this evening. I have not yet heard what cargo she has. I am, very respectfully, your obedient servant, L. HEYLIGER. [JULY 28, 1862.For orders assigning Brig. Gen. Richard Taylor to the duty of carrying out the enrolling act in Western Louisiana and hastening forward recruits, & c., see Series I, Vol. XV, p. 789.] ADJUTANT AND INSPECTOR GENERALS OFFICE, Brig. Gen. R. E. RODES, Montgomery, Ala., July 29, 1862. Richmond, Va.: GENERAL: The Governor is in receipt of yours of the 29th instant, and desires me to assure you that nothing would afford him more pleasure than to be more instrumental in filling the ranks of the Ala- baina regiments, which under your command have by their gallantry in the field so well sustained the honor of the State. YOU may not be aware, however, that the regulations from the War Department have prescribed the rules by which the apportionment of the conscripts to the regiments, battalions, & c., shall be governed, and have left but little, ~f anything, to the discretion of the officer charged with the superintendence of the enrollment and the disposition of the con- scripts. I herewith inclose you a copy of these regulations, ~ and, with the view of furthering your object, would direct your attention particu- larly to paragraphs 5, 6, and 7. You will see from these paragraphs First. That it is only to such regiments, battalions, squadrons, amid unattached companies in service on the 16th of April last that con- scripts can be allotted. Second. That they are to be apportioned to these regiments, bat- talions, & c., according to the deficiencies in each, unless when other- wise directed by the War Department. Third. That they are to be di~stributed by commanders of regiments, first, to fill up existing companies to the n!inimumn standard, and sec- ond, where a regiment has not the requisite number of companies to organize new companies np to the number required. The Department, as you will observe, has the power to discriminate, but the exercise of this power would probably result injuriously. If, however, it should be done, I know of but one principle that can be adopted. While there may be no difference in the bravery of our *$ ~e General Orders, No. 30, Vol. I, this series, p. 1094 Page 21 CONFEDERATE AUTHORiTIES. 21 troops, there is a wide difference in the merits of their officers, and if the discretion reserved to the Department to change the order of the distribution be exercised, the good of the service would seem to require that the best officered regiments should be preferred. Should this test be adopted you would have little to fear for your brigade. The number of conscripts in this State will probably not exceed 10,000, unless we can expel the enemy from North Alabama. If we can do this and can enforce the lnw in that section of the State we may get 3,000 more. Counting the unattached companies and bat- talions in service on the 16th of April last and they would be equal to about thirty-two regiments. From the best information I have it will require an average of full 400 to a regiment to bring it up to the minimum standard. You will observe also that the inclosed regulations require the col- onels of regiments, & c., to send copies of their muster-rolls to the commandant of the proper camp of instruction in their respective States, with officers to take charge of such recruits as may be fur- nished to each regiment, & c. Maj. W. G. Swanson has been detailed under paragraph 1, and has established one camp in Macon County and another at Talladega, and will, I suppose, hereafter designate the camp to which the conscripts from the different counties will be assigned. The commandant of camp No. 2 has not yet been appointed, but as Major Swanson is charged, under the paragraph last referred to, with the disposition of the recruits, I suppose his camp, which is No. 1, is the proper camp, within the meaning of the regulations. I inclose you a copy of General Orders, No. 1, from the headquarters of Major Swanson.* In conclusion I have only to add that both the Governor and myself will take much pleasure in doing anything that can properly be done to advance the efficiency of your command. Very respectfully, your obedient servant, GEG. GOLDTHWAITE, Adjutant and Inspector General. [JULY 29, 1862.For authority to D. H. Hill to raise partisan rangers in Gates County, N. C., and Nansemond County, Va., see Series I, Vol. LI, Part II, p. 601.1 [JULY 29, 1862.For Davis to Harris, in regard to recruiting for the Tennessee regiments serving in Virginia, see Series I, Vol. LII, Part II, p. 333.] EXECUTIVE DEPARTMENT, ]llionlgomery, Ala., July 30, 1862. Hon. G. W. RANDOLPH, Secretary of War: SIR: I am credibly informed that a company of responsible men, citizens of the Confederate States, propose to ship cotton out of the port of Mobile in exchange for salt. The salt is to be first imported through the blockade by permission of the U. S. officers, and the cot- ton then carried out to pay for the salt. The arrangement is to be * Not found Page 22 22 CORRESPONDENCE, ETC. made directly with General Butler and Commander Farragut, who will, it is said, permit the exchange to be made in the Gulf, and the salt to come into Mobile or Pensacola, and from the latter place to pass through the enemys lines into the interior. These U. S. officers arc reported to have agreed to the arrangement stated, and which is said to be unlimited in extent. What is now wanting, it seems, is the permission of the War Department for the company to take out the cotton and make the exchange proposed. They have frankly disclosed this plan to me, and requested inc to submit it for your consider- ation, and advised me that from some intimation received it would be approved by you. I informed these gentlemen that as the proposed scheme was forbidden by the law and contrary to my own decided convictions as to the policy and interest of our Government, I could not indorse it or even refer it for your consideration except as a mat- terof information, to be looked at with a view of ascertaining whether the Government could, by tolerating it in any form, bring about any complication of the blockade question which might promise a public advantage; and that I was quite sure the Secretary of War could have given no intimation in favor of such a project unless he had the best reasons for believing that some important result could be attained beyond the mere introduction of salt, however great a necessity the article might be at this time; and it is upon this ground that I have submitted the statement herein made for your consideration. Very respectfully, your obedient servant, JNO. GILL SHORTER, Governor of Alabama. HEADQUARTERS, Hon. G. W. RANDOLPH, Marietta, Ga., J?dy 30, 1862. Secretary of War: DEAR SIR: I have to acknowledge the receipt of your confidential circular, and must express my regret that the embarrassments exist to wh*~h you refer. While I have in a few instances had reason to believe that persons with furlough have overstaid their time at home without sufficient cause, I had not supposed that the regiments from this State had been reduced to any considerable extent either by deser- tions or absence of members without leave. If just cause of complaint in these particulars exist against the Georgia troops I am ready to do all in my power to assist you in correcting the evil. On account of the fact that you desire the existence of the evil kept as much as pos- sible from the knowledge of the enemy, I am somewhat at a loss how I can best accomplish the object you have in view. After a little reflection I have concluded that I cannot better serve you than by issuing a proclamation, of which I inclose a copy herewith. * I have been the more guarded in the power given to the sheriffs and other State officers on account of the fact that your sub-enrolling officers in some parts of this State have, I think, taken pride in annoying the authorities of the State hy evading your instructions (which are no doubt intended in good faith to exempt all State officers) upon a vari- ety of technical pretexts, and in some instances without even a plausi- ble pretext. Permit me to cite an instance: A few days since the sub-enrolling officers for Baldwin County enrolled an important clerk in the adju *Not found Page 23 23 CONFEDERATE AUTHORITIES. tant-generals office without conference with the head of the depart- ment and ordered him to camp of instru~tion, with notice that he should publish his name as a deserter if he failed to go. In a case of this character, as the act of your officers was illegal, I could not of course permit any State officer to assist him in the execution of his threat, if he attempted to treat one of the States officers not subject to conscription as a deserter. On the contrary, it would be my duty to employ the State officers for the protection of the officer unjustly attacked. Hence I have limited the proclamation to the case of deserters who have been in Confederate service beyond the limits of the State or members of a volunteer regiment within the State. if your enrolling officers, in cases of conflict of opinion between them and the State authorities, would stop the execution of their orders on notice from me to them to do so till the question could be referred to you for decision, I should be very careful to raise with them no false issue, and it would save many of our officers and good citizens who have sent substitutes, & c., great expense and trouble in having their rights recognized. I assure you that munch dissatisfaction exists in the public mind on account of their course, amounting in some instances, it is thought, to petty tyranny. You may suppose from your knowledge of my views on the conscription act that it would be a gratification to me to see them act amiss. Not so. Did I desire to render the act unpopular in the State I could wish no change of policy on the part of your officers. I trust you will excuse this plain state- muent of truth, as we all are corresponding confidentially for the public good. I have been munch gratified at your energy and the administrative ability you have showmi as the head of the War Department. For- tunately for the country the tide of success has turned in our favor since you have taken control of this most difficult and important Department. it is greatly to be hoped that you may have the means to carry our victorious arms into the enemys country before the fall season has passed. Our people look with great anxiety to the deliver- ance of Tennessee and the transfer of the seat of war to Kentucky. It will at all times afford me pleasure to serve you or the cause in any way in my power. I am, very truly, & c., JOSEPH E. BROWN. [Indorsement.] Inclose (~overnor Brown copies of printed instructions, Nos. 1, 2, 3, to officers commanding camps and enrolling officers, and call his attention to the order given to them [to] confine themselves to a remonstrance in case of difference with State authorities. G. W. R. VICHY, July 30, 1862. Hon. J. P. BENJAMIN, Department of State, Richmond, Gomfederate States of America: SIR: I have just rec~ived notice from Mr. Fearn that he leaves London on the 2d of August for the Confederate States, and have only time to write a few hasty lines in consequence of the lateness of the advice given. in consequence of the want of communication between Nassau and the rest of the world i was detained there three weeks, and onl Page 24 24 CORRESPONDENCE, ETC. reached London by the West India mail steamer on the 29th of June. I found public opinion there very munch in the same condition as when I left that place in January, with a tendency to depreciation in consequence of the series of reverses our Army had experienced. I sought and obtained an interview with Lord Palinerston, as a private individual, in which I exposed to him fully the m~eal position of affairs and the certainty of our approaching successes. He was politely incredulous as to the latter, but listened very seriously to my statements and explanations, and asked a great many questions as to what he considered our weak points. On these I think I gave him new lights. He spoke very candidly on the subject of recognition, and said he thought we must do much more before we were entitled to it, refer- ring more particularly to the occupation of New Orleans and to the blockade of our Southern ports. When asked the question whether the repulse of the army before Richmond and a transfer of the siege to Washington would be regarded as sufficient ~lie still replied in the negative. These views he clearly expressed three weeks later in the debate on Mr. Lindsays motion. I saw Mr. Mason immediately after the interview, and gave him the details of our conversation. I was careful, of course, to say nothing to Lord Palmerston relative to any separate action of France, confining myself to the English view of the question. The fixed conviction of muy mind was and is that England will insist on a niasterly inactivity, as she regards it, and will restrain France fromu acting also as long as possible. The reasons for so doing you can comprehend as well as I could explain them to you. The pretext is fair play. It is but just to add that the popular sentiment in England before and especially simice the tidings of our late glorious victories, as far as I can judge, is decidedly in our favor; but they are not willing to pay the price of a war to indulge the sentiment, and the course taken by the Tory party (in opposition) proves this. Immediately after my interview with Lord Palmnerston I left London for Parms, first writing a letter to The Times, describing the actual condition and prospects of the Southern States, purporting to be writte~i by a traveler. I sent this with muy card and a private note to the editor, who is known to me, and was served as The Times frequently serves contributorsthe substance of mny letter was hashed up in editorials; the letter itself suppressed. After waiting a week I wrote another version of the same letter to The Telegraph, which published it, omitting all remarks about the conduct of Southern negroes, whose loyalty to their masters I had dilated upon, -and some remarks relating to our President. Inclosed you will find a copy of that letter. * The Telegraph is the most widely circulated paper in London. At Paris I immediately put myself in communi- cation with the press and with gentlemen of influence and position who are friendly to us. Chief of these is M. Ferdinand de Lesseps, cousin to the Empress, who wields a great influence at court and else- where. I have been guided gr~atly by his advice as to the proper mode of proceeding here. The journals I have found very accessible and amenable to reason, ,We have The Patrie, The (Jonstitutionnel, and The Pa~ s, all three semi-official papers; against us are the radical journals and The Orleans, but since the return of the young princes I think we can secure the latter. The effort is now being made. Although the Emperor is absolute master of the situation, he yet desires that public opinion should march with him, and the only diffi * Not found Page 25 25 CONFEDERATE AUTHORITIES. culty we have to contend with is the slave. question. We are trying to change this issue by proving that not to be the matter in dispute. The Emperor is here, in the house next to my hotel. I have made the acquaintance of some, and the intimacy of one of his personal suite, and have been enabled indirectly to throw much light on the question. I have my wife with me and caine as a private individual. By advice of my French friends I have just written and sent to his private secretary an intimation of my desire as a South Carolinian, just from the Confederacy, to pay my respects to the Emperor, and I shall probably receive his reply to-day or to-morrow, but too late to give you results. Should anything of importance transpire soon, I shall find, or rather make, a way to give you sure information. I am busily organizing this now and will arrange it if necessary. I find the only means of communication now is the very uncertain one via Nassau, which works badly. Mr. Slidell will doubtless give full details of his interview with the Emperor. I therefore refrain from touching upon that subject. It was the premier pas to which I am desirous of adding another. That the Emperor is most anxious to intervene, all his people here tell me. He has now with him Mr. Fould and Mr. Baroche, chief of the council of state, and Mr. Thouvenel has just left. The innuense moral gain to us from our late victories and present attitude of the two sections you cannot overrate. Whether it is sufficient to enforce recognition, the utterances of the Sphinx who rules Europe will not permit us to judge. As to the fate of the proposition brought over by me, I am as yet in ignorance. Upon the whole, I think the prospects of an early recogni- tion (which will imivolve intervention) to be most probable and in fact huininent. A week hence I hope to be able to give you exact infor- mation on this subject, and will certainly do so if I get it. Impossible should not be a word in our vocabulary, and as regards communica- tion, is simply absurd. I have been received with great courtesy by Messrs. Mason and Slidell, and have to acknowledge many acts of civ- ility from both. It is but j mist to Mr. llotze to say that his labors are most zealous and unremitting, and the paper he has established, the Ind~x, is a proof of both. I complied with your instructions with regard to him. With reference to the purchase of arms, & c., I feel it my duty to inform the Administration that the chances of obtaining more depend upon further supplies of funds. Captain II. informs me that he has no funds nor credits of any kind, and is deeply indebted for the Government. The establishment of credit abroad is essen- tial. This can be done in Paris with ease by the Government sending cotton to parties here, who will immediately advance several millions upon it. If the Government will authorize inc to make such an arrangement, one of the great capitalists here will do it forthwith, the Government delivering the cotton in the Confederate States to agents named or sent by the capitalists here. Should the continuance of the war demand new and large supplies of armus, I would further suggest the expediency of sending 6ut more agents for their purchase, since no one or two men, however energetic or intelligent, can properly and efficiently attend to this work. rro this point I most earnestly invite the attention of the Government, as illness or any other cause might now leave us without help in this vital matter. The other matter of providing funds is also equally pressing, since Confederate credit has not yet risen upon the ruins of the Federal, now far below par. Our friends abroad are now as unreasonably sanguine as they were unduly depressed on my first arrival, before our victories had brightened th Page 26 26 CORRESPONDENCE, ETC. Southern sky. I do not share in these illusions, and see the long road we still have to travel through the chaos that Northern madness and folly has occasioned. I do not send you the journals I have filed, nor other things collected, because time and opportunity have not [been] given me. Trusting that this may also plead the apology for this hurried and informal communication, which I have barely had time to write in haste, Very respectfully, EDWIN DE LEON. P. S.I have discovered that Bishop Hughes is busily beating up recruits in Ireland and haranguing for the North. I have taken active, and I believe efficient, measures to counteract his labors, and have myself many Catholic friends in Ireland in the priesthood and elsewhere. He boasts he can bring 20,000 men to the rescue of the North. We shall see. E. D. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 5~3. ) Richmond, July 31, 1862. I. Persons who are liable to conscription under the act of April 16, 1862, will not be taken to serve as partisan rangers. Such as may be engaged for that branch of service must be over thirty-five years of age. II. Only aides-dc-camp are to be considered as the personal staff of general officers; all other general staff officers assigned to the coin- mnands of general officers, or who may be attached by assigumnent to thiemr respective headquarters, will be regarded as forming a part of their entire comnmands; and any change of commanding officers in such commands will not imply a change in the assignment of the gen- eral staff officers. * * * * * * * IV. All seizures and imnpressments of any description of property whatever, amid especially of armns and orduamice stores belonging to the States of the Confederacy, are hereby prohibited, and officers of the C. S. Army are enjoined to abstain carefully from such seiz- ures and impressments; and in case they are made by mistake, such officers are ordered to make prompt restitution. By command of the Secretary of War: S. COOPER, Adjulant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT., NITER AND MINING BUREAU, Hon. G. W. RANDOLPH, Richmond, July 81, 1862. Secretary of War: SIR: I have the honor to present a report of the operations of this Bureau from its organization, in April last, to July, 1862. Under instructions from the Chief bf Ordnance especial attention was first given to the home production of niter, after that to lead, next t Page 27 27 CONFEDERATE AUTHORITIES. sulphur, and incidentally to all mineral information useful to the Department. Previous to this organization public attention had been extensively directed by the Ordnance Department to the manu- facture of niter. Works had been commenced and a considerable amount of private capital invested in Arkansas, Alabama, Georgia, Eastern Tennessee, and Western Virginia, but unfortunately in exposed localities. Under the military reverses of last spring all but one of the important caves iu operation passed into the hands of the enemy, and that cave (in Bartow County, Ga.), under faulty manage- iiient, produced not one-third its capacity. Of the smaller caves, the owners had generally become discouraged or indifferent. On the 1st of May last the entire home production of niter from all sources within the Confederate States, as ascertaine(l from the powder-mill books, did not reach an average per diem of 500 pounds. Under these adverse circumstances the following plan of operations was submitted to the Department and approved: First. To explore rapidly, but with system, for niter caves and deposits. Second. To stimnlate private enterprise by circular and newspaper publications, personal appeal, and instruction, and by affording facilities for work in prompt payment and a liberal supply of tools and utensils. Third. When advisable, to start work on Government account. This plan of exploration embraced all the Confederate States sub- divided into districts, and with the offices named in No. 1 of the accompanying papers. * As rapidly as comnpetent agemits could be found a commencement was made in each district, and during May the survey was in full progress. Known localities were first exam- ined and afterward new ground; the caves were explored, earth tested, and when practicable measured, and the results communicated to the Richmond office to be mapped and registered. The survey is still incomplete, but enough has been developed to determine the question of our interior resources. Exhibit sheets on file in the Bureau office already comitain entries of caves and nitrous deposits sufficient in qua~tity and quality to meet the ordinary deniands of the Confed- erate Army until niter beds can be made to yield. But our power to work these natural deposits is controlled by three conditionslabor, hiostile interruption, and transportation. As this exploration went on the Bureau agents spared no effort to induce private parties to work every available source of niter supplycaves, plantation deposits, tobacco barns, old cellars, and artificial niter bedsand these efforts are continued. In particular districts munch has thus been accom- plished; but the general result has niade clear the fact that a large and regular supply from private sources cannot enter imito the esti- mates of the Department. Work has accordingly been commenced on Government account, and to the full extent that time and means at command permitted. On August 1 the furnaces were up and work under way at sixteen Government caves, with an average force of 272 whiite hands and 115 negroes. This does n~t include labor on private works. The locality for niter-produciiig caves in the Confederate States can be approxi- mately referred to the lines of secondary limestone, which are shown in brown tint on the accompanying map No. 2.* Two important belts of primary limestone are indicated by the green tint. Available caves * Not found Page 28 CORRESPONDENCE, ETC. have not been found in the primary lirnest~ne, but its presence in the soil frequently affords a necessary mineral base for the accumulation of nitrous earth under plantation buildings, which in the absence of caves is found to be a valuable source of the niter supply. Good work- ing caves should contain at least 5,000 cubic feet of earth. The nitrous earth, which usually covers the cave floor or fills up its side chambers in crevices, must be dry, and should yield 1 per cent. and upward of nitrates. Potash, wood, water within easy access outside are essential to the manufacture of niter from the natural deposits. These conditions are mentioned to explain the fact why out of so many known and explored caves so few can be advantageously worked. Referring to the niter districts in detailin Virginia fifty contracts have been closed with private parties, some of whom have worked well, but from their slow progress and the frequent loss of caves by the enemy in Greenbrier and Monroe Counties, work has been under- taken on Government account as follows: One large cave in Tazewell, one in Giles, and six small caves in Wythe, Smyth, Pulaski, and Montgomery. These caves are in good working order and beginning to yield. The interruption from recruiting officers having generally ceased upon publication of General Orders, No. 41, the only draw- back upon a large future yield is the scarcity of labor. The artifi- cial production of niter has been commenced in Virginia near Rich- mond, the city affording material for 30,000 pounds at least per annum, which will be made use of if labor can be retained, which is almost impossible, for such work, so near the army. Beds have also been commenced at Petersburg. In North Carolina the secondary limestone belt borders on the extreme western counties, where niter caves are few, small, and inac- cessible. Our effective labors must be confined to the plantation earth in the tobacco and primary limestone counties. Several locali- ties have been examined for niter beds on a large scale, but they do not present the facilities for work obtained elsewhere. In South Carolina there is no known niter cave. The rich marls in the lower districts promise favorably for niter beds. One nitriary has been commenced by State authority at Columbia, one by Govern- ment agents near Orangeburg, and one on the Georgia side of the Savannah River near Augusta. At the last there are unusual facili- ties in climate, water carriage, and the supply of materials, organic and inorganic, for niter works of a permanent character upon the most improved European system. In Georgia there are several niter caves in the northwestern coun- tiesone in Bartow County, very valuable. This last, under impera- tive necessity and upon consultation with the adjutant-general of the State of Georgiathe State authorities having taken preliminary steps to seize the cavewas taken possession of by order of the Department on the 15th June, and has since been put in order and worked on Government account. During the last two weeks of private management the yield of the cave did not reach eighty pounds per day; under Government management it was raised to 400 per working day, and would have been much higher but for the inter- ruption of potash transportation on the Georgia railroads owing to the movement of General Braggs army. In Tennessee are several very large and rich caves. The most valuable are under hostile control. From Jonesborough down to Chattanooga fifteen more caves have been commenced on Govern Page 29 29 CONFEDERATE AUTHORITIES. ment and private account, but work has beeu seriously interrupted by the advance of the enemy. Two fine caves (private) were taken and the works destroyed. Two Government caves, together with the potash works near Chattanooga, have been temporarily stopped from the same cause. The Nickajack and Lookout Caves were shelled during the attack of June 5, but it has been deemed advisable to con- tinue operations, though at a loss, at the Lookout and partially at the Nickajack, to reassure private parties. rfhe yield from Tennessee must continue uncertain until the country becomes more settled. In Northern Alabama the presence of time enemy has occasioned a general suspension of work, including the valuable Santa Cave. But two or three caves are now worked. More will soon be started by Bureau agents and under a contract made with the owner of the Cahaba Powder Mill. In lower Alabama a vigorous effort is being made to induce planters in the limestone and marl counties to work plantation earth, but the results have not yet been reported. In Mississippi the Bureau has an agent for similar objects, to attend also to receipts from Tennessee and the west, and to explore the northeastern counties. In Florida the most promising cave localities have been examined, but thus far with unpromising results, the caves being small and gen- erally wet. Attention has therefore been given to plantation earth. The superintendent has connuenced work on Government account and already reports a small return. The traims-Miississippi.The recent transfer of the Texami contracts to this office have rendered an organization necessamy west of the Mis- sissippi. A party of three, selected for this service and under charge of Captain Read, start this week under the following instructions: To arrange in Texas, if practicable, a regular transportation of receipts from Mexico; to examine and, if muiners can be procured, to start lead mines in Arkansas; to examine a reported saline deposit of value near New Iberia, La., and to have work resumed imi the very valuable caves of upper Arkansas as soomm as accessible. R~sults: Frommi April 15 to June 1 about 25,000 pounds of muter were collected and forwarded; fronm Jumme 1 to July 1, 24,398 poimmids, with 10,945 pommnds on hand subject to order. Fromn obvious causes, the collection of tools and materials, construction of furmiaces, and the instruction of agents amid foremnen, work was not fairly comunmemmeed on Government caves until late in June. On time other hand the large Arkansas percentage made previous to May 1, 17,000 pounds, cannot again appear on our returns until the events of time war permit. Time yield during August will probably be from 1,600 to 2,000 pounds per working day. It should have been over 2,500 pounds per day, but the prevailing anxiety to save the crops, time unwillingness to send imegroes far from home and the consequent scarcity of labor, and the lament- able condition of public tran~portation have prevented. Time last two drawbacks are receiving the earnest and anxious attemition of the Bureau, and when met should raise the homne niter production to 3,000 pounds per diem. Mining .service.The most available lead veins of time Confederacy are being surveyed and registered. Under the great scarcity of mining labor it has been thought advisable to concentrate our small force upon leading mines that promise the quickest results. By a chaimge of con- tract time yield of the Wytime lead mines, Virginia, has been doubled within the past month and will soon be raised to three and one-hal Page 30 30 CORRESPONDENCE, ETC. tons per working day. a The Silver Hill Mine, North Carolina, can be improved, and in case of urgency the yield quickened by neglecting for a time the silver percentage. b The Petersburg Smelting Works are in fine order to desilverize this ore. The opening Jackson mine near Jonesborough, Teun., is being pressed and stocked with labor drawn off from experimental work in Albemarle and other localities in Virginia that were not yielding well. The necessary machinery will be sent out and put up at an early day. In Arkansas, if labor and machinery can be procured in time for results, lead mining will be started under instructions on Government account. The present yield from our mines averages between three and four tons per working day. This is not equal to the Army demand. The residue has thus far been more than met by importation and the collec- tion of scrap lead, in which the Bureau agents have been quite active. Copper. The Bureau has been instructed not to press the subject, the Ducktown, Tenn., mines yielding sufficient for the present demand. The Virginia mines, Carroll and Grayson Counties, can be worked. In sulphur the same instructions have been received. Good local- ities have been selected for sulphur works when necessary; contracts have been signed with private parties, but no returns have yet been made. To systemize the supervision of mining interests, a mining desk is about being arranged in the Bureau under charge of a competent offi- cer. In acknowledging the valuable aid of the gentlemen in our corps, I beg to refer to the accompanying list of their names. * Very respectfully, your obedient servant, I. M. ST. JOHN, Major and Superintendent. Hon. ~3. W. RANDOLPH, RICHMOND, July 31, 1862. Secretary of War: SIR: To obtain a full supply of clothimig for the Army is becoming more embarrassing and difficult as the raw material is dinminishing and the machinery employed in its manufacture becomes worn out. Every exertiomi has been made to render all the resources of the country available; but if, in the matter of clothing and shoes, there were amnple supplies of the raw material the capacity to manufacture them is wantimmg, thereby renderimig it certain that a reliance upon our own sources of supply will be in vain. The prices of all goods are enormous, those from abroad bringing readily in open niarket 300 or 400 per cent. on their cost in Europe. In view of these facts, I respectfully recommend as the only effective mode of relief from these difficulties and embarr~Asments that an officer be dispatched to Europe to purchase cloth, shoes, blankets, and other indispensable articles of issue to the troops. The Government would save largely by purchasing abroad, even if one of every three cargoes were lost. To depend upon private enterprise to import these goods is to trust a * Not found. a This remains to be seen when the cold weather comes on.[J. G.] bWhich has been ordered.[J. G. Page 31 CONFEDERATE AUTHORITIES. 31 very unreliable source of supply and to pay enormous profits to the importers. Major Ferguson, of this department, who has been employed in providing materials for the clothing department at Rich- mond, is fully competent to purchase goods abroad, as in addition to his knowledge of quality and prices he has the mercantile ability and integrity to disburse advantageously the large sums which would be intrusted to such agent as may be sent to Europe. The necessity of almost immediate arrangements for these supplies leads me to ask youi~ early consideration on this subject. LARKIN SMITH, Assistant Quartermaster- General. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, [July 31,1 1862. (Received August 2.) Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.: SIR: I am under the necessity of asking your attention again to the subject of partisan rangers. The means of avoiding the conscript law and the idea of being in a mounted company, independent and on detached service, render that service popular and desirable, while there is but little prospect of their being of much service, unless a few with well-chosen officers and in peculiar localities. They being mostly mounted, an almost exhausted country will be drained of its subsistence for their support, and every company will have a separate and independent quartermasters and commissary department.. But difficulties occur to me in administering our State laws to clothe and equip North Carolina troops. I tear if they are entitled to the same clothing and equipments with our other State troops already in serv- ice that it will absorb the provisions made for our regular troops. Inform me, if you can, what companies have been reported to you as accepted, or who have come within your regulations, and what regu- 1ati~s you have adopted, which may serve as a guide to me in recog- nizing a lawfully raised and accepted company. The second section of the partisan-ranger act stipulates that they shall receive the same pay, rations, and quarters as other soldiers. Do rations~~ refer to anything but subsistence, and do quarters mean anything more than tents? Or, in other words, is clothing or equipments included und er any words of that section? These inquiries are necessary to guide my course, and I hope you will excuse this intrusion on your valuable time. There are so many companies forming claiming to be partisan rangers, and the authority to raise and accept them is so broad that I cannot recognize them for the payment of State bounty till I know they are properly organized and accepted by the Confederate Gov- ernment. If such regulations have not been made the number now offering would suggest the propriety of establishing regulations for their organization and government. But I still further suggest the propriety of converting them into infantry, for in our country cavalry have only proved available as couriers or pickets. Some of these views have been presented to you in a former letter, and the principal object of this communication is to know what com- panies I am to provide for in bounty, clothing, and equipments. Very respectfully, HENRY T. CLARK Page 32 32 CORRESPONDENCE, ETC. EXECUTIVE DEPARTMENT, lion. G. W. RANDOLPH Montgomery, Ala., August 1, 1862. Secretary of War, Richmond: SIR: Will you please advise me at as early a day as possible if the provision made by the Confederate Government of blankets and clothing for o nr Army is of a character which can be relied on to carry lt through the coming fall and winter. My object in ascertain- ing this information is to insure a sufficient supply of clothing to the troops from this State if the State resources will enable me to do so. As to cotton goods, I do not anticipate any great difficulty, but have great fears as to blankets and wooleii goods generally, as well as shoes and socks. The little wool we have in the State is bearing an enormous price, and the condition of the Mississippi presents serious obstacles to obtaining supplies from Texas. Shoes also are difficult to contract for in large quantities at any price. I will thank you to be as definite as possible as to each of the articles referred to so that I may under- stand clearly in what direction and to what extent the capacities of the State should be exerted. Very respectfully, your obedient servant, JNO. GILL SHORTER, Governor of Alabama. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 55. Richmond, Va., Augwst 2, 1862. Paragraph II, General Orders, No. 42, current series, is hereby revoked, and the following is substituted in lieu thereof: NV here martial law has been proclaimed the civil tribunals are authorized to grant injunctions, to make orders, and to take such steps as may be necessary to prevent irreparable mischief; to secure the possession of infants in the persons entitled thereto~ to decide suits for divorce; to make orders for alimony, and to secure the per- sonal safety of the parties to such suits; to recover rents and the possession of real estate and slaves, and to restore the possession of property tortiously changed. By command: S. COOPER, Adjutcin t and Inspector General. RICHMOND, VA., August 2, 1862. his Excellency Governor CLARK, Raleigh, N. C. Mv DEAR SIR: I have the honor to acknowledge yours of the 31st ultimo, an(l to thank you for your good offices in the matter of enroll- ing men to fill up the regiments of North Carolina now in the field. rrhe irregularities and negligence noted in the camp near to you exceed even the allowance I have been accustomed to make for inexperience. In appointing an officer to take charge of a camp of instruction it was not my purpose to interfere through his agency or otherwise with the enrollment by the State officers of those subject to military service in the armies of the Confederate States. For every consideration it was desirable to avail of the aid of the Executives of the States, and where Page 33 CONFEDERATE AUTHORITIES. 33 in your case, it was freely given, I wish it to be received with every mark of consideration and courtesy. The matter will receive prompt attention, and a further reply will be made to you when I am better informed of the action of the War Department. In the meantime I have wished to assure you of my regret that anything should have happened which evinced the least neglect of that which I recognize as due to you, not only in virtue of your office, but also because of your cordial and efficient aid to oni efforts to provide for the common defense. Very respectfully, your fellow-citizen, JEFFERSON DAVIS. [AuGUST 4, 1862.For Price to Pettus, invoking his assistance by calling out militia in Mississippi, & c., see Series I, Vol. XVII, Part II, p. 664.] [AUGUST 4, 1862.For proclamation by Governor of Virginia call- ing on militia not now in service to unite with him in a prompt and vigorous effort to repel the enemy, & c., see Series I, Vol. XII, Part III, p. 923.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, August 5, 1862. His Excellency JEFFERSON DAVIS, President, & c.: SIR: I have the honor to inclose an opinion * of the Attorney- General upon the question whether persons under eighteen and over thirty-five years of age in service at the time of the passage of the conscript act are required to remain ninety days from the passage of the act or ninety days from the expiration of their respective terms of sejvice. He decides that those whose terms expired within ninety days from the passage of the act were required to serve during the ninety days, but that all others of the class must be discharged at the expiration of their terms of service. I submit with all due deference to the learned Attorney-General that his distinction between those whose terms expire within ninety days from the passage of the act and the remainder of the class is unsupported by the language or the policy of the act, and is produc- tive of inequality and injustice. The language of the act is that all persons under eighteen and over thirty-five years of age shall be required to remain for ninety days. (Section 1.) The Attorney-General says that some shall remain ninety days from the passage of th~ act, and others much more. He equally violates the policy of the act as declared in its pream- ble. It was passed to keep in service our gallant Army, and yet he discharges a consideI~able portion of it at the end of their term of enlistment. They are not kept a single day, although they constitute a part of the Army required to be kept in the service. His construc- tion produces inequality and injustice, for it is neither equal nor just * See Watts to Randolph, July 24, p. 15. 3 H HSERIES IV, VOL I Page 34 34 CORRESPONDENCE, ETC. to keep men whose terms expire within the ninety days and not to keep others of the same class, who only differ from the former in the date of enlistment. In my opinion, the language and policy of the act are better observed and equality and justice better attained by requiring all nuder eight- een and over thirty-five years of age to serve three months beyond their term, and all between those ages to serve two years beyond their terms of enlistment. This construction keeps all for a period longer or shorter, according to age, and thus conforms to the letter and the policy of the act. It works no injustice, because the difference made between one class and another rests upon a difference of age or fitness for military service and of usefulness in civil pursuits. The objections to the constrnction adopted by the Attorney-General apply equally to that which proposes to discharge all under eighteen and over thirty-five years of age within ninety days of the passage of the act. The language of the act requires all to be kept in service; in other words, to be retained longer than they contracted to stay, but this construction actually shortens the term of many. The policy was to get rid of the evil of short terms, but this construction shortens them yet more. And it does this arbitrarily, releasing some who have just enlisted, and retaining others whose terms have nearly expired. This distinction is made without the slightest reason for it, and is therefore unjust. Unless otherwise directed by yourself, I shall, in view of these con- siderations, retain the construction of the act adopted by the Depart- ment and promulgated in General Orders, No. 46, paragraph II, a copy of which is herewith inclosed. ~ Very respectfully, your obedient servant, GEO. W. RANDOLPH, Secretary of War. ATHENS, GA., August 5, 1862. DEAR GENERAL: f I venture to intrude some suggestions which my obse~ations in Georgia have brought to my mind. They can do no harm, if they do no good, and will not consume much of your time. This war must close in a few months, perhaps weeks, or else will be fought with an increased energy and malignity on the part of our enemies. I look for the latter result, and at all events think it is the contingency for which we should prepare. That preparation requires a large increase of our Army. How is it to be effected? The con- script law has performed its work. It retained the twelve-months men in the service. Besides that, it compelled large numbers to vol- unteer and thus fili up the ranks of the regiments already in the field. These two results have been accomplished, and beyond that it will be unwise to calculate upon the conscript law as the means of furnishing troops for the Army. The uliuAt~e~mz ~ not worth considering in calculating the strength of our Army. Such, I am sure, is the case in Georgia. It is true I have been confined to my own house since I have been here, but I have seen and talked with a great many people, whose opinions I respect, and I give you the concurrent opinion of all with whom I have conversed. Why it is so it is useless to inquire, though I may say in passing that the law is unpopularalmost odiousand the officers charged with its execution young and inefficient. *See July 1, p. 1. t Randolph, Secretary of War Page 35 CONFEDERATE AUTHORITIES. 35 The fact exists, however, and with that fact we have to deal. I venture now to suggest the remedy, based upon the idea that the con- script law has done all that it will do in the way of filling up the Army. I would say, then, repeal the conscript law so far as the future is concerned, retaining all that you have made by it, and then either call upon the Governors of the different States to furnish their quotas or authorize the formation of. companies, regiments, and even brigades and divisions, to be accepted by the President and officered by him. In this work he might profitably employ many officers now in commission. Both these plans will at once add to the number from which recruits are to be gotall the men under eighteen and over thirty-five in the different States, and the latter constitute a very large element. It besides relieves the new recruits from the odium of being conscripts, and will give a new impulse to the work of vol- unteering. Of the two plans, the first is the best, as in the event of a failure to get as many as you want, the machinery of the State governments for drafting can at once be resorted to, and is far less offensive to the pride of our people than the conscript law. Such is the result of my observations and reflections in my quiet home.. I give them to you for what they are worth. While writing I will refer to another matter that is creating some unpleasant feeling in our State. General Mercer is impressing negroes to complete the fortifications at Savannah, and is going to the planta- tions, where our planters give up their cotton crops to raise corn and provisions for the Army and country, and he goes just at the time when they are saving their fodder and when all their hands are required. Our planters very naturally say that we ought to take the negroes working upon railroads, accustomed therefore to such work, and besides the railroads can wait. Corn and fodder cannot wait. In addition to this, the offer has been made to General Mercer to do the whole work by contract at less expense to the Government. I mention this matter because it is creating much bad feeling. Our people are willing to make any and all sacrifices, but they like to see reason and common sense in the officials of Government. My health has im~iproved much slower than I had hoped, but I shall still return to camp next week and try it, anyhow. Your friend, HOWELL COBB. The order of General Cooper and the letter of President Davis about General Pope and his officers meet universal and enthusiastic approval. * HEADQUARTERS THIRD DIvIsION, DISTRICT OF GEORGIA, Savannah, August ~, 18G2. Hon. GEORGE W. RANDOLPHa Secretary of War: SIR: I have the honor to inclose a memorial presented by a commit- tee of the citizens of Liberty County, in this State, a community noted for their respectability and worth. The subject presented, I would respectfully submit, is one that demands the early notice of the Con- gress when it shall reassemble, and the instructions of the War Department (in accordance with such legislation as may be adopted) for the government of military commanders. The evil and danger *For these documents see Series II, Vol. IV, pp. 830, 836 Page 36 36 CORRESPONDENCE, ETC. alluded to may grow into frightful proportions unless checked, but the responsibility of life and death, so liable to be abused, is obviously too great to be intrusted to the hand of every officer whose duties may bring him face to face with this qnestion. It is likely to become one of portentous magnitnde if the war continnes, and I do not see how it can be properly dealt with except by the snpreme Legislature of the conntry. I deem the action of Congress in this regard as needful for the protection of military commanders as for their guidance. I have the honor to be, sir, very respectfully, your obedient servant, H. W. MERCER, Brigadier- General, Commanding. [Inclosure.] Brigadier-General MERCER, Commanding Afilitary District of Georgia, Savannah: GENERAL: The undersigned, citizeus of Liberty County, of the Fifteenth District, would respectfully present for your consideration a subject of grave moment, not to themselves only, but to their fellow- citizens of the Confederate States who occupy not only our territory immediately bordering on that of the old United States, but the whole line of our sea-coast from Virginia to Texas. We allude to the escape of our slaves across the border lines laudward, and out to the vessels of the enemy seaward, and to their being also enticed off by those who, having made their escape, return for that purpose, and not infrequently attended by the enemy. The injury inflicted upon the interests of the citizens of the Confederate States by this now constant drain is immense. Independent of the forcible seizure of slaves by the enemy whenever it lies in his power, and to which we now niake no allusion, as the indemnity for this loss will in due time occupy the attention of our Government from ascertained losses on certain parts of our coast, we may set down as a low estimate the number of slaves absconded and enticed off from our sea-board at 20,000, and their value at from $12,000,000 to $L5,000,000, to which loss may be added the insecurity of the property along our borders and the deinorahi- zatio~ of the negroes that remain, which increases with the continu- ance of the evil, and may finally result in perfect disorganization and rebellion. The absconding negroes hold the position of traitors, since they go over to the enemy and afford him aid and comfort by reveal- ing the condition of the districts and cities from which they come, and aiding him in erecting fortifications and raising provisions for his sup- port, and now that the United States have allowed their introduction into their Army and Navy, aiding the enemy by enlisting under his banners, and increasing his resources in men for our annoyance and destruction. Negroes occupy the position of spies also, since they are employed in secret expeditions for obtaining information by trans- mission of newspapers and by other modes, and act as guides to expeditions on the laud and as pilots to their vessels on the waters of our inlets and rivers. They have proved of great value thus far to the coast operations of the enemy, and without their assistance he cotild not have accomplished as much for our injury and annoyance as he has done; and unless some measures shall be adopted to prevent the escape of the negroes to the enemy, the threat of an army of trained Africans for the coming fall and winter campaigns may become a reality. Meanwhile the counties along the seaboard will become exhausted of the slave population, which should be retained as far as possibl Page 37 37 CONFEDERATE AUTHORITIES. for the raising of provisions and supplies fQr our forces on the coast. In the absence of penalties of such a nature as to insure respect and dread, the temptations which are spread before the negroes are very strong, and when we consider their condition, their ignorance and credulity, and love of change, must prove in too many cases decidedly successful. No effectual check being interposed to their escape, the desire increases among them in proportion to the extent of its suc- cessful gratification, and will spread inland until it will draw negroes from counties far in the interior of the State, and negroes will con- gregate from every quarter in the counties immediately bordering on the sea and become a lawless set of runaways, corrupting the negroes that remain faithful, depredating on property of all kinds, and resort- ing, it may be, to deeds of violence, which demonstrates that the whole State is interested in the effort to stop this evil; and already have negroes from Middle Georgia made their escape to the sea-board counties, and through Savannah itself to the enemy. After consulting the laws of the State we can discover none that meet the case and allow of that prompt execution of a befitting pen- alty which its urgency demands. The infliction of capital punish- ment is now confined to the superior court, and any indictment before that court would involve incarceration of the negroes for months, with the prospect of postponement of trial, long litigation, large expense, and doubtful conviction; and, moreover, should the negroes be caught escaping in any numbers, there would not be room in all our jails to receive them. The civil law, therefore, as it now stands cannot come to our protection. Can we find protection under military law? This is the question we submit to the general in command. Under military law the severest penalties are prescribed for furnishing the enemy with aid and comfort and for acting as spies and traitors, all which the negroes can do as effectually as white men, as facts prove, and as we have already suggested. There can be but little doubt that if negroes are detected in the act of exciting their fellow-slaves to escape or of taking them off, or of returning after having gone to the enemy to indu~e and aid others to escape, they may in each of these cases be summarily punished under military authority. But may not the case of negroes taken in the act of absconding singly or in parties, with- out being directly incited so to do by one or more others, be also summarily dealt with by military authority? Were our white popu- lation to act in the same way, would it not be necessary to make a summary example of them, in order to cure the evil or put it under some salutary control? If it be argued that in case of the negroes it would be hard to mete out a similar punishment under similar cir- cumstances, because of their ignorance, pliability, credulity, desire of change, the absence of the political ties of allegiance, and the peculiar status of the race, it may be replied that the negroes con- stitute a part of the body politic in fact, and should be made to know their duty; that they are p~rfectly aware that the act which they commit is one of rebellion against the power and authority of their owners and the Government under which they live. They are perfectly aware that they go over4o the protection and aid of the enemy who are on the coast for the purpose of killing their owners and of destroy- ing their property; and they know, further, that if they themselves are found with the enemy that they will be treated as the enemy, namely, shot and destroyed. To apprehend such transgressors, to confine and punish them privately by owners, or publicly by the citizens of the county b Page 38 38 CORRESPONDENCE, ETC. confinement and whipping, and then return them to the planta- tions, will not abate the evil, for the disaffected will not thereby be reformed, but will remain a leaven of corrnption in the mass and stand ready to make any other attempts that may promise success. It is, indeed, a monstrons evil that we suffer. Our negroes are prop- erty, the agricultural class of the Confederacy, upon whose order and continuance so much dependsmay go off (inflicting a great pecuni- ary loss, both private and public) to the enemy, convey any amount of valuable information, and aid him by building his fortifications, by raising supplies for his armies, by enlisting as soldiers, by acting as spies and as guides and pilots to his expeditions on land and water, and bringing in the foe upon us to kill and devastate; and yet, if we catch them in the act of going to the enemy we are power- less for the infliction of any punishment adequate to their crime and a(lequate to fill them with salutary fear of its commission. Surely some remedy should be applied, and that speedily, for the protection of the country aside from all other considerations. A few executions of leading transgressors among them by hanging or shooting would dissipate the ignorance which may be supposed to possess their minds, and which may be pleaded in arrest of judgment. We do not pray the general in command to issue any order for the government of the citizens in the matter, which, of course, is no part of his duty, but the promulgation of an order to the military for the execution of ringleaders who are detected in stirring up the people P1 escape, for the execution of all who return, having once escaped, and for the execution of all who are caught in time act of escaping, will speedily be known and understood by the entire slave popula- tion, and will do away with all excuses of ignorance, and go very far toward an entire arrest of the evil, while it will enable the citizens to act efficiently in their own sphere whenever circumstances require them to act at all. In an adjoining county, which has lost some 200, since the shooting of two detected in the act of escaping not another attempt has been made, and it has been several weeks since the two were shot. As law-abiding men we do not desire committees of vigilance clothed with plenary powers, nor meetings of the body of our citizens to take the law into their own hands, however justifiable it may be under the peculiar circumstances, and therefore, in the failure of the civil courts to meet the emergency, we refer the subject to the gen- eral in command, believing that he has the power to issue the neces- sary order to the forces under him covering the whole ground, and knowing that by so doing he will receive the commendation and cor- dial support of the intelligent and law-abiding citizens inhabiting the military department over which he presides. All which is respectfully submitted by your friends and fellow- citizens. R. Q. MALLARD, P. W. FLEMING, E. STACY, Committee of Citizens of the 15th Dist., Liberty County, Ga. [AUGUST 5, 1862.For Milton to Randolph, iii relation to certain Florida organizations, & c.,see Series I, Vol. LII, Part II, p. 336. Page 39 CONFEDERATE AUTHORITIES. 39 GENERAL ORDERS, WA1~ DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 56. ) Richmond, August 6, 1862. I. Military commanders have no authority to suspend the writ of habeas corpus; nor does martial law, when declared by the President under the act of Congress, justify the arbitrary establishment of the price of commodities in the trade of the citizens of the Confederate States. II. Necessity alone can warrant the impressment of private prop- erty for public use; and wherever the requisite supplies can be obtained by the consent of the owners at fair rates, and without hazardous delay, the military authorities will abstain from the harsh proceeding of impressment. III. Paragraph V, General Orders, No. 38, current series, is hereby revoked; and all discharges will hereafter be made under the eleventh Article of War, and General Orders, No. 26, current series. By order: S. COOPER, Adjutant and Inspector General. RICHMOND, VA., August 6, 1862. His Excellency JEFFERSON DAVIS, Richmond, Va.: The policy of the Northern leaders in the war for the subjugation of the Southern people has been to take our chief sea-coast cities, so as to cut off all supplies from foreign countries, get possession of the border States of Kentucky, Missouri, and Tennessee, which are the great grain-growing States, properly belonging to the Confederacy; cut the railway connections between Virginia and the cotton States, and cut the cotton region in two divisions by getting full possession of the Mississippi River. By getting possession of the sea-coast cities on the one side and the principal grain-growing region on the other; by separating the cotton region of the Confederacy from Virginia and cutti~git into two separate divisions; by commanding completely the Mississippi River, they expected to starve the people into subjection, or crush out one division after another by the great advantage they would possess in concentrating heavy forces upon any given section or division. The lull brought upon the people of the Confederate States by their great success during the first six mouths of the con- test has enabled their persevering enemy to half succeed in their well-laid schemes for the complete subjugation of the Southern people. The late victories of the Confederate forces, and the repulses which the Northern troops have met with lately, have stirred up the Northern Government and people to such exertions as will in their opinion complete our subjugation at no distant day. The object of first mag- nitude, under existing circuu~stances, upon our part, is to get posses- sion of Western Virginia, Kentucky, and Tennessee. By securing a firm foothold in these States and arming the people loyal to our cause, all the land forces within the limits of the Confederate States proper belonging to the enemy, and not protected by the sea or inland navi- gation too wide to be commanded by cannon, may be taken or driven beyond our limits; the Mississippi River and all the railway connec- tions we have lost may be regained. The shortest way, then, to clear our coast of the invaders (provided a majority of the people of the Northwest could first be brought to favor an honorable peace Page 40 40 CORRESPONDENCE, ETC. would be to plant an army of sufficient power to completely control all direct communication between the people of the Northwest and those of the commercial and manufacturing States of the Northeast, by selecting and holding a military line from the most suitable point in Kentucky or Western Virginia, to a point above Lake Erie, where the communication between the lakes could be commanded with artil- lery on land. As the people of the Confederate States could under such circumstances live much better than those of the Northeast, we might reasonably expect them to give up the contest as hopeless. Next in importance to obtaining full possession of the Border States and Tennessee is the holding of Charleston, Savannah, and Mobile, and the regaining of Norfolk and New Orleans. Without extraor- dinary exertions in a very short time on the part of our Government and people to add greatly to the effective defenses of the first three named cities, they must fall before the great force which the enemy is now energetically preparing for their possession or destruction. The heavy guns which the enemy are now preparing to arm their fleet of iron-clad steamers with will be able to batter down any of the forts as they were last season. Unless the forts are greatly strengthened and guns placed in them sufficiently powerful to disable their iron- clad steamers, we should not calculate on being able to hold those cities. The possession of these important places in addition to that of New Orleans on the part of the enemy would make the war at least one year longer than it would be, provided we hold them. Through these cities we would receive many necessary supplies from abroad. If we lose them, then the war must go on entirely within ourselves. The timely completion or procurement of the most sub- stantial iron-clad steamers or gun-boats, with as heavy ordnance as the enemy are preparing, is one of our great necessities for coast defense. With the present progress of the work upon those at Charleston, they are not likely to be finished in time to be of any serv- ice in defending that city. The proposed plan of fiamiking Washing- ton, Philadelphia, New York, and Boston was communicated verbally to you last March through Colonel Withers, of Jackson, Miss. Th~ foregoing views are very respectfully submitted for your con- sideration. Very respectfully, yours, & c., J. B. GLADNEY. Governor HENRY T. CLARK, RICHMOND, VA., August 7, 1862. Raleigh, N. C.: DEAR SIR: Since my letter of the 2d instant the following com- munication has been sent from the War Department with relation to the camps of instruction in North Carolina. * I inclose copies of the printed regulations t sent to the commandants of camps of instruction, and .hope you will find in the action taken evidence of a desire to co-operate with the State authorities, and as far as possible to use the officers of the State in executing the law for an enrollment of a class Of its citizens for the military service of the Confederate States. Very respectfully, your fellow-citizen, JEFFERSON DAVIS. * Not found as an inclosure or otherwise identified, but see quotations there- from in Clark to Davis, August 22, p. 67. t Probably General Orders, No. 30, Vol. I, this series, p. 1094 Page 41 CONFEDERATE AUTHORITIES. 41 RICHMOND, VA., August 7, 1862. His Excellency JEFFERSON DAVIS, Richmond, Va.: DEAR SIR: Last winter there was to a limited extent put on foot a plan of operating upon the people of the Northwest, through the press, with a view of getting them to take a proper view of the war raging, and its ultimate ruinous results if successful according to the views of the people of the Northeast. Among other papers prepared in part to this end there was a report submitted to the planters convention held at Memphis, Tenn.,in February last, the main object of which was to bring new issues before the people of the Western States. The paper has been examined by the editor of the Mississippian, Prof. J. D. B. De Bow, and other well-informed gentlemen, all of whom approve of its main features. By agreement with Prof. J. D. B. De Bow it will appear in the next number of his Review. In the mean- time it is to be printed in circular form because the present is consid- ered a favorable time for its circulation in the West on account of your recent victories. Should you favor the document and its objects, your patronage in giving circulation aiid effect is considered to be highly important. In connection with this a large army of observation is proposed occupying a military line between a suitable point omi the Ohio River and a point above Lake Erie, not for the pur- pose of invading the Northwestern States, but with the view of bring- ing about an honorable peace before the power of the American people is reduced to suit the views of European governments, and for the purpose of opening up the natural highways and markets for the Southern and Western people. I remain, very respectfully, yours, J. 13. GLADNEY. [AUGUST 8, 1862.For 1-larris to Davis, in regard to recruiting for the Tennessee regiments serving in Virginia, see Series I, Vol. LII, Part II, p. 339.] RICHMOND, August 9, 1862. Hon. G. W. RANDOLPH, Secretary of War: DEAR SIR: I have the honor to acknowledge yours of the 5th instant, inclosing an opinion of the Attorney-General as to the effect of the act of the 16th of April, 1862, on persons who are of the classes exempt from enrollment. After a careful consideration of the opinion, it does not appear to me that the construction of the law given by the Attorney-General would shorten the term of any one now in service. The period of ninety days would seem from the language of the law to have been considered b~ the Congress as necessary to obtain recruits to supply the places of men who were to be discharged by expiration of term of service and exemption from military conscrip- tion. In the last proviso to the first section of the act it seems to have been contemplated that less time would suffice, and therefore provision was made for an earlier discharge in the contingency that their places were sooner supplied, from which it would appear that the intent was to limit the detention beyond the period of enlistment to the shortest space which the public exigency would permit in al Page 42 42 CORRESPONDENCE, ETC. cases where the soldier did not belong to t~ie class which was to con- stitute the Army of the Confederate States. I have said this much not to sustain or combat aiiy particular opinion, but the rather to show how well you might have entertained a doubt as to the true meaning of the law, which warranted you in calling upon the Attorney-General for an official opinion, and also to sustain me in suggesting to you the propriety of accepting the opinion, although your judgment may not be entirely convinced. The opinion of the law officer of the Government, though it cannot bind the conscience of the head of a Department, nor therefore entirely relieve him from responsibility, may well be relied upon to solve a doubt, and in questionable cases to sanction official action. Coinity between the different Departments indicates the propriety of accept- ing an opinion on a question of law which has been given by the Attorney-General in response to the request of a member of the Cabinet. I am, very respectfully and truly, yours, JEFFN DAVIS. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 186. ~ * Richmond, August 11, 1862. * * * * * V. Whereas doubts have arisen with reference to the term of serv- ice of the men of the First Maryland Regiment, it is ordered that the said regiment be disbanded, and the nienibers thereof, with all other native and adopted citizens of Maryland desirous of enlisting into the service of the Confederate States, are invited to enroll and organize themselves into companies, squadrons, battalions, and regi- ments, the officers of which are to be elected. The organization hereby authorized will be known as the Maryland Line. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, His Excellency JEFFERSON DAVIS, Richmond, August 12, 1862. President of the Gonfederate States: SIR: Although it is not customary for the heads of Departments to make reports at extra sessions of Congress, yet, in consideration of recent changes in the organization of the Army, and of the necessity for further legislation, it is deemed best to depart from this usage on the present occasion. It became apparent in the course of the last spring to all acquainted with the condition of the Army that the acts of Congress providing for re-enlistments would not effect the desired object. The privilege allowed of re-enlisting for different corps, and even for different arms of the service, coupled with the love of change always found in camps, and heightened in the case of our armies by the monotony and dis- comfort of winter quarters, caused such extensive changes that the re-enlistments tended to the disorganization of the Army. Large numbers of our men, yearning for home, weary of the dis- comfort of camp life, and deceived by the apparent inactivity of th Page 43 CONFEDERATE AUTHORITIES. 43 enemy into the belief that their services were no longer necessary, declined to re-enlist, and prepared to turn over the burden of the war to those who had as yet borne no part of it. Efforts to procure re-enlistments and the expectation of change relaxed the discipline of the Army, impaired its efficiency, and rendered it incapable of accomplishing what otherwise might have been achieved. While our armies were thus passing through successive stages of (lisorganization to dissolution, those of the enemy, recruited and reorganized, had reached a high state of efficiency, and were ready at the opening of the campaign to enter upon it, with every guarantee of success that numbers, discipline, complete organization, and per- fect equipment could afford. The success they obtained under these circumstances, far from being a matter of surprise, were necessary consequences of the relative con- ditions of the armies, and it is truly surprising that these successes were not greater and more complete. The plan of voluntary enlistment having failed to preserve the organization, and to recruit the strength of our armies at a time when the safety of the country required both to be effected, a resort to draft or conscription was the only alternative. To all acquainted with the true condition of things there could be no ground for doubt. In a period of thirty days the terms of service of 148 regiments expired. There was good reason to believe that a large majority of the men had not re-enlisted, and of those who had re-enlisted a very large majority had entered corps which could never be assembled, or, if assembled, could not be prepared for the field in time to meet the invasion actually commenced. There was, therefore, an interval of disorganization and weakness impending, and the enemy had already entered Virginia with an army now known to have had more than double the numerical strength of our own, and superior to it in everything but courage and a good cause. It was obvious that conscription alone could save us, and it could hardly be supposed that a Constitution adopted in the midst of war inhibited the only possible mode of raising armies. Ininenced by these and other considerations, Congress adopted the measure popularly known as the conscript act. Four months have not elapsed since its passage, and the present condition of the Army and of the country sufficiently proves its wisdom. Four months ago our armies were retiring, weak and disorganized, before the overwhelm- ing force of the enemy, yielding to them the sea-coast, the mines, the manufacturing power, the grain fields, and even entire States of the Confederacy. Now we are advancing, with increased numbers, improving organization, renewed courage, and the prestige of victory, upon an enemy defeated, disheartened, and sheltering himself behind (lefensive works and under cover of his gun-boats. A military sys- tem which has done so much in so short a time should be cherished and perfected and its defects speedily corrected. Soon after the passage ofthe conscript act the Department pre- pared to carry it out, and on the 28th of April published General Orders, No. 30, a copy of which is herewith returned, prescribing regulations for the enrollment, mustering in, subsistence, transporta- tion, and disposition of conscripts. * It was determined to establish one or more permanent camps in each State at points selected with reference to health and facilities * See Vol. I, this series, p. 1094 Page 44 44 CORRESPONDENcE, ETC. for subsistence and transportation. Each camp has its commanding officer, its drill officers, its commissary, quartermaster, and surgeon. The conscripts are to be assembled, drilled, taken through the camp diseases, and distribnted among the regiments of the State in propor- tion to their respective deficiencies. The necessity of sending them inunediately into the field has inter- fered with this plan of operations, but it has been carried out as far as practicable, and during any period of comparative inactivity it can be fully executed. Recruits thus prepared for the field will be little inferior to old soldiers, and the Army will be relieved from its crowded hospitals and the long train of ineffectives that now drags in its rear. The greatest difficulty encountered in the execution of the law has been that which constitutes the chief impediment iii all involuntary military systemsthe enrollment of recruits. The third section of the act requires the enrolling officers of the State to be used with the consent of the respective Governors, and it is only on failure to obtain such consent that the President is authorized to employ Con- federate officers. The military systems of many of the States are fallen into such disuse that there are either no enrolling officers, or none that can be relied on. So far the experiment of using State officers has proved a failure, and I would suggest that permission be given to resort to other measures for enrolling recruits. This may be done either by the appointment of a certain number of enrolling officers for each Congressional district, or by giving each corps supernumerary officers to act as enrolling officers for the corps. The latter plaii would probably give more activity and efficiency to enrollments than the former, as the enrolling officers would be under military control, and if inefficient, might be ordered back to their regiments and be substituted by others. The fourth and thirteenth sections of the act require all conscripts and volunteers to enter companies in existence at the passage of the act, thus cutting off recruits for companies mustered into service after ~iat tinie. The object of this restriction was apparent, the new companies then forming were allowed thirty days to complete their organization, and had the advantage over companies in the field in recruiting. It was supposed necessary, therefore, to restore equality by giving the conscripts and volunteers after thirty days to the old companies. The effect will be that many fine regiments brought into service since the passage of the act will go down for the want of recruits. I think it will be well to permit conscripts to be assigned and volunteers to enter all companies in service. It is true that the number of regiments is already too great, and that it is impossible to keep them all.up. This may have been a motive for restricting recruits to old regi~ients and permitting the others grad- ually to decline. But it will be better to discriminate in the reduc- tion of the number of regiments, and to consolidate such as become too weak to be recruited. The power of consolidating regiments, battalions, and companies is so essential that our armies cannot be maintained in a tolerable state of efficiency without its exercise. The Department has been compelled to disband corps because useless from loss of men or other cause, but as the law now stands this can only be done by discharging the entire corps and enrolling the men withiimi the conscript age for service in other companies Page 45 CONFEDERATE AUTHORITIES. 45 Two inconveniences attend this mode of proceeding: First, all the men over thirty-five and under eighteen are lost, even though they have enlisted for the war; secondly, it is doubtful whether conscripts can be enrolled out of their own States, and a company, therefore, cannot be disbanded out of the State in which it was raised without losing the whole company. I suggest, therefore, that whenever a corps becomes so much reduced as to be unfit for service, and there is no reasonable expectation of recruiting it, the President be authorized to disband it, to put the officers out of commission and to transfer the non-commissioned officers and privates to other corps from the same State. It may be objected that this violates the contract of enlistment, which is for service in the company selected by the volunteer, and thus the Government in accepting the volunteer impliedly engages to keep him in the com- pany of his choice. I think that the engagement of the Government is fulfilled by retaining the volunteer in his compamly so long as it is fit for service, but that there is no implied promise to discharge him when his company can be no longer preserved. Such a promise would be a premium to inefficiency. A company anxious to leave the serv- ice would secure its object by rendering itself umifit to remain. I also further recommend that power be given to enroll conscripts wherever they may be found. Military service is a debt due to the Confederacy, and the power of exacting it should not depend on the accident of place. Conscription may be altogether avoided by large numbers of men, if merely crossing a line exonerates them from it. The practice of employing substitutes at pleasure, supposed to be authorized by the ninth section of the conscript act, has led to great abuses. The procuration of substitutes has become a regular busi- ness. Men thus obtained are usually unfit for service and frequently desert. The Department has restricted the practice by prohibiting the reception of unnaturalized foreigners as substitutes, but the evils of the system are still very great, and further restrictions are necessary. It would be well to authorize substitution only where the services of the principal are equally useful to the public, at home as in the field. Such is the case with experts in trades necessary for the prosecution of the war, with overseers in districts of country having few whites and large numbers of slaves, and generally in such callings as are essen- tial to the public welfare. It is unwise to injure the public service for the benefit of individuals, and therefore no substitution founded merely omi considerations of private interest should be tolerated. In this connection I desire to call attentiomi to what seems to be an omission in the exemption act. Millers, tanners, and salt-makers are essential to the prosecution of the war. Without them armuies can mmeither be subsisted nor properly clad. They are equally essential to the community at large, and the restriction of such callings to per- sons under eighteen and over thirty-five years of age inflicts injury upon the Armny and upon the people. I recomumend, therefore, that they be included in the exemption act. The greatest defect in our present system is to be found in the rule of promotion established by the tenth section of the conscript act, and by the acts of the Provisional Congress, approved December 11, 1S61, and January 22, 1862. They require promotion to be by senior- ity. To this rule no valid objection could be made if provision were made for exceptional cases in which it becomes impracticable. In long-established armies seniority implies experience, and the rule i Page 46 46 CORRESPONDENCE, ETC. applied to individuals who, by previous examination or other test, have been found qualified for their position. In our armies there is little or no difference in the experience of our officers, and no test is applied to ascertain their moral or intellectual fitness for a commission. As the act provides that commissions shall be granted by the Presi- dent, it was supposed that this was intended as a safeguard against the admission of unqualified persons to important public trusts. Accordingly, by General Orders, No. 39, a copy of which is herewith retnrned,* boards of inquiry were directed to be sunimoned iii all cases of promotion or election where the fitness of the claimant was doubtful. This, however, only keeps out unfit persons, but iuakes no provision for filling vacancies in case there be no unfit person in the corps, or in case all entitled to promotion decline it. Such cases occur and they contribute an element of disorganization and ineffi- ciency in the Army. I earnestly recommend, therefore, that in all cases where election or promotioii by seniority fails to fill a vacancy with a qualified offi- cer, such vacancy may be filled by appointment. It may be objected that this increases Executive patronage, and by the intervention of examining boards that promotion by seniority and l)y election may be cut off. If the increase of Executive patronage be necessary to remove a great evil, its possible abuse is a poor argument against such increase. It is unwise to prefer certain evils to contingent abuses. Practically it has been found difficult to get the examining boards to be rigid enough; they are too apt, from indolence or god nature, to scrutinize slightly the qualifications of brother officers, amid would prove to be very unfit instruments for Executive usurpation. In this connection another serious difficulty in filling vacancies will be mentioned. It is generally supposed that the rule prescribed in the tenth section of the conscript act applies only to corps organized under that act; that the rule prescribed in the act approved Decein- ber 11, 1861, applies only to reorganizations of re-enlisted corps, very few of which reorganizations actually took place, and that the act approved January 22, 1862, applies only to troops raised under an act appro~ied May 8, 1861. But troops were authorized to be raised by acts approved May 11, 1861, and August 8, 1861, and questions arise as to what act troops come under, and what rule of promotion is pro- vided for corps which come in under the act last mentioned. It is said that troops mustered directly into the C. S. service receive their laws of promotion from Congress, and that those raised by the Gov- ernors of States, under requisition on them by the President, are governed by the laws of their respective States. It is maintained that the latter class are militia, and that under the Constitution Congress cannot provide for filling vacancies occurring in the militia. Great confusion, uncertainty, and inequality result from this state of things, and it is very important that a uniform rule should be applied to all. I know of no 1~etter rule than that already adopted, providing the power of appointment be given as recommended, and there be no constitutional impediments to its general application. A difficulty arises from the act authorizing the appointment of general officers, which should be removed. The sixth section of the act approved March ~, 18~1, authorizes the President to organize brigades and divisions and to appoint commanding officers for them, who are to hold office only while such brigades and divisions are in service. * See Vol. I, this series, p. 1128 Page 47 CONFEDERATE AUTHORITIES. 47 If the casualties of service destroy a brigade or a division the com- mission of the general expires, and if separated from his command by ill-health, wounds, or detached service, it is left without a head, there being no authority to appoint a successor without vacating the com- mission of the first appointee. The Army, moreover, requires the service of generals not attached to brigades and divisions. There are ertain duties which can be better performed by general officers than by officers of lower grade, but the merit requisite for the discharge of these duties secures promotion in the line, and officers of the line are therefore unwilling to surrender their positions for staff appointments. Brigades and divisions are sometimes temporarily deprived of their commanders by the casual- ties of service, and it is desirable to assign general officers to such commands. It will be well, therefore, to increase the number of gen- eral officers to a definite excess above the whole number, not exceed- ing S or 10 per cent., for the purposes above mentioned. Congress at its last session authorized the appointment of eighty artillery officers for ordnance duties, the addition of fifty engineers to the Provisional Corps, and the organization of a Signal Corps, and a Niter Corps. All of these acts have been carried into execution. Eighty artil- lery officers for ordnance duty have been appointed and their duties prescribed and systematized. General Orders, Nos. 24* and 46t, here- with returned, require that every army corps shall have an ordnance officer with the rank of major, every division one with the rank of captain, every brigade one with the rank of first lieutenant, and every regiment an ordnance-sergeant. These form a corps under the Chief of Ordnance at Richmond, to whom they are required to report. Their services are important for the proper distribution and preser- vation of arms. Ordnance officers are also required for arsenals. For the proper discharge of ordnance duties at arsenals and in the field it will require a corps of at least 150. I recommend, therefore, that application be made for the enlarge- ment of the corps to that number, and that a limited number be auth~rized with the grade of major for service with army corps. Most of the additional engineers have been appointed and the corps has done good service. The present law permits no higher grade than that of captain, while the other corps of the Provisional Army are organized in conformity with corresponding corps in the C. S. Army. This discrimination is unjust and impolitic. If men of tal- ent and acquirement are needed in this corps, promotion should be offered equal to that attainable in other branches of the service. Engineering talent is of a higher order of endowment, and should be stimulated by proper rewards. I recommend, therefore, that the grade of the Provisional Engineer Corps should be made to conform to those of the same corps in the C. S. Army. A Signal Corps has been oj~ganized by General Orders, No. 40, a copy of which is herewith returned. ~ For the purpose of systematic instruction a confidential pamphlet has been prepared by a member of the corps and printed with due precautions to avoid publicity. Should it, however, fall into the enemys hands no great harm would be done, as it contains the principles of the art merely, and does not disclose the key to any signal or cipher. *See Vol. I this series, p. 1065. ~ See July 1, p. 1. f See Vol. I, this series, p. 1131 Page 48 48 CORRESPONDENCE, ETC. A Niter Bureau has also been organized, and under its able and indefatigable head, Maj. I. M. St. John, is doing good service. Gen- eral Orders, No. 41, herewith communicated, was issued to facilitate the operations of the Bureau. * The production of niter is already 1,000 pounds a day, and there is good reason to think that it will reach 3,000 pounds a day and supply our consumption. A map of a reconnaissance and Major St. Johns report are herewith returned. t The Bureau has been directed to turn its attention to the mining of such materials as are required for the Army, and will do much to develop their production. The act authorizing bands of partisan rangers has been carried into execution. Apprehending that the novelty of the organization, and the supposed freedom from control, would attract great numbers in the partisan corps, the Department adopted a rule requiring a recommendation from a general commanding a department before granting authority to raise partisans. Notwithstanding this restric- tion, there is reason to fear that the number of partisan corps greatly exceed the requirements of the service, and that they seriously impede recruiting for regiments of the line. The precaution has been taken to require their organization to con- form in all respects to that of other troops, and it will be only neces- sary to brigade such of them as are not needed for partisan service to make them in fact troops of the line, although nominally partisans. I recommend that this be authorized. Since the adjournment of Congress our stock of arms has been largely increased by iniportation and capture. Our small-arms alone have increased from these sources not less than 80,000. Our supply of ammunition has also been increased by importation and manufac- ture, and, as already stated, we may expect at no distant day that the active and methodical operations of the Kiter Corps will supply our demand and make us independent of foreign importation. I deem it unmiecessary to say anything of the operations of the Army since the adjournment of Congress. The time has not arrived for their complete disclosure, but enough has appeared to show the abi~ty of our generals and the courage and patience of our troops. It is to be regretted that we cannot reward such services as the Army has rendered. They are infinitely above all compensation, but somnething may be done to show our appreciation of them. Courage and skill cannot always commuand promotion. Happily for us they far exceed our means of reward, if confined to mere material benefits. It would, however, be doing our high-toned soldiers great injustice to suppose that rank and pay are their only incentives to exertion. I think that muedals conferred as rewards for good conduct in the field cultivate the spirit which distinguishes the patriot soldier from the mercenary, and afford means of reward without injuring the Army by excessive promnotion. I recommend, therefore, that application be made for authority to confer medals upon such oI~cers and men as distinguish themselves in battle. A right to control the operations of our railroads to some extent is necessary to insure quick and safe transportation and to maintain the roads in a proper state of efficiency. The regular transportation of the roads is so much deranged by the movements of troops and muni- tions of war that a common head during the war is indispensable. I *See Vol. I, this series, p. 1139. For report seep. 26 Page 49 CONFEDERATE AUTHORITIES. 49 recommend that application be made for authority to exercise such control as may be necessary to harmonize the operations of the roads and to maintain their efficiency, and to appoint a superintendent who shall be charged with the supervision of railroad transportation. Very respectfully, your obedient servant, GEG. W. RANDOLPH, Secretary of War. EXECUTIVE DEPARTMENT, Tallahassee, Fla., August 12, 1862. To THE PEOPLE OF FLORIDA: FELLOW-CITIZENS: The highest number of votes cast at any election in the State was 12,988. In response to requisitions made for troops a sufficient number who were liable to militia duty volunteered to form thirteen regiments to serve during the war and have been mus- tered into the Confederate service as regiments, battalions, or inde- pendent companies. Nearly all who held commissions as militia officersgenerals, col- onels, captains, and lieutenantsvolunteered as private soldiers. The consequence is there is no militia organization in the State, nor can the militia be reorganized agreeably to the requirements of the statutes in force. The inquiry has been made, Are the few ieft in the State holding commissions as militia officers, and between the ages of eighteen and thirty-five, subject to be enrolled as conscripts? I know no good reason why they should not volunteer to aid in filling up the gallant regiments whose ranks have been attenuated hpon the battle-field or be placed shoulder to shoulder with such in the State as are subject to be made conscripts. To maintain the Confederate Government in the exist- ing war in support of constitutional liberty, in support of the right of free men to govern themselves for the protection of liee, freedom, and property, is a sacred duty which brave and honorable men should cordially and proudly perform. Let no man who claims to be a F1ori~ian hesitate to offer his services as a volunteer until liable to be made a conscript. By the vicissitudes of war the First Florida Regiment, which was honorably knowji at Pensacola, was reduced to a battalion, and as the First Florida Battalion distinguished itself in the battle at Shiloh and Farmington. The Second Florida Regiment in the many hard-fought battles near Richmond by soldierly endurance and noble daring immortalized itself. The battalion and regiment command admiration among the bravest of the brave and reflect honor upon the State. Their invincible valor is appreciated by the brave men who in regiments have since left the State to become their companions in arms and to compete with them in honorable service. Many of the noble soldiers who formed the battalion and regiment have died upon fields of battle. Gloriously and nobly they fell, vin- dicating with their hearts blood the rights of free men. The ranks should be filled and their organizations preserved. Who will volun- teer to supply the places of the noble dead upon future battle-fields? It is -a proud privilege. Let such as are willing and ready report to St. George Rogers, assistant adjutant-general, now in Tallahassee, and transportation 4 R R5ERIE5 IV, VOL I Page 50 50 CORRESPONDENCE, ETC. and subsistence will be furnished to enable them to join the First or Second Regiment. If in the State there should be any belonging to regiments who in obedience to orders have left the State, they should immediately join the respective regiments to which they belong. If they hesitate or fail to do so, it is the duty of all State officers, civil as well as mili- tary, and of every patriotic citizen to aid in their arrest, to be sent to their respective regiments. Fellow-citizens, it is probable as the winter shall approach, if the enemy shall not in the meantime be conquered, raids will be made at various points in this State for the destruction of our liberty, lives, and property. Let us be prepared to meet the enemy in defense of our rights, especially in defense of the women and children in the State. In the several counties throughout the State all capable of bearing arms under the age of eighteen and over the age of thirty-five years, and all between the ages who are represented in the service by sub- stitutes, should immediately form themselves into volunteer com- panies, not to consist of less than sixty-four, rank and file, in popu- lous counties, and not less than forty-four, rank and file, in counties sparsely settled; elect company officersto each company a captain, first lieutenant, and two second lieutenantsand send the election returns, certified, to Col. Hugh Archer, adjutant and inspector gen- eral, at this place, whereupon commissions will be issued agreeably to the elections, companies formed into battalions and regiments, and supplied with ammunition. Each man should bring into service his own firearms until the State can supply better arms. It is possible that the act of Congress will be amended so as to embrace as conscripts men upward of thirty-five years old, in which event, doubtless, all who shall have been enrolled and organized as herein recommended will be retained in the State for local defense, although they may and should be mustered into the Confederate service. ~Te1~y respectfully, your fellow-citizen, JOHN MILTON, Governor of Florida. HEADQUARTERS DEPARTMENT SOUTHWESTERN. VIRGINIA, Hon. GEORGE ~-. RANDOLPH, Camp Narrows, August 13, 1862. Secretary of W~r: SIR: I am informed that under the recent proclamation of Governor Letcher the officers en2olling for General Floyd claim all the men in this department between the ages of thirty-five and forty-five. On the passage of the conscript act the quartermasters and commissaries were compelled to employ agents for their department over thirty-five, and the niter caves have alsobeen to a considerable extent worked by the same class. If these men are now enrolled in General Floyds command the quartermasters department and the caves will be alike swept of employ~s. Under these circumstances I have the honor to request that you will issue some order which may arrest the progress of enrollment. Pending your action I have directed that such pro- ceedings be stopped. I have the honor to be, very respectfully, your obedient servant, W. W. LORING, Major- General, Commanding Page 51 CONFEDERATE AUTHORITIES. 51 GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INsP. GENERALS OFFICE, No. 57. Richmond, August 14, 1862. I. The transportation by railroad of cavalry and artillery horses, unless orders be given in each ease permitting such transportation, is hereby prohibited. II. Hereafter all soldiers under eighteen and over thirty-five years of age will be discharged at the expiration of the term for which they have engaged to serve. III. The wor.ds either directly or, first line General Orders, No. 50, will be omitted. By command of the Secretary of War: S. COOPER, A6~jutant and Inspector General. GENERAL ORDERS, WAR DEPARTMENT, ADJT. AND INSP. GENERALS OFFICE, No. 58. ) Rjchmond, August 14, 1862. I. The following rules in relation to the examination of conscripts are published for the guidance of the enrolling and medical examin- ing officers: 1. At each camp of instruction and at such military stations and other points as may be designated, an experienced army surgeon from a different section of the country will be detailed to examine conscripts. 2. All conscripts capable of bearing arms will be received. 3. Conscripts not equal to all military duty may be valuable in the hospital, quartermasters, or other staff departments; and if so, will be received. 4. Blindness, excessive deafness, and permanent lameness, or great deformity, are obvious reasons for exemptions. 5. (k~nfirmed consumption, large incurable ulcers, and chronic contagious diseases of the skin are causes for exemption. 6. Single reducible hernia, the loss of an eye or of several fingers will not incapacitate the subject for the performance of military duty. 7. A certificate of disability of a conscript given by a private physi- cian will not be considered unless affidavit is made that the conscript is confined to bed or that his health and life would be endangered by removal to the place of enrollment. S. But when a conscript is incapacitated by temporary sickness he must present himself so soon as recovered to the enrolling officer or to the nearest school for conscripts. 9. No previous discharge, certificate, or exemption from any source will be acknowledged, except those granted to foreigners not domk ciled, and to those persons wht have furnished substitutes. 10. Medical officers of the Army are not allowed to examine con- scripts and give certificates unless they are regularly detailed for that duty. By command of the Secretary of War: S. COOPER, A0utant and Inspector General Page 52 CORRESPONDENCE, ETC. List of steamers which have arrived since April 27, 1862, with the date and place of arrival, and a statement of the arnis on board of each one. Number Date. Names. Place of arrival, stand of arms. Apr. 27 Cecile Charleston 3, 000 27 Nashville Wilmington 6,420 May 24 Kate and Cecile Charleston 5,000 25 Minho do 5,010 June 24 Memphis do 11, 000 25 Kate Savannah 2,060 28 Modern Greece Wilmington 7, 000 July 3 Herald Charleston 1, 280 6 Nashville Savannah 2,600 25 I Hero Charleston 140 Aug. 3 Leopard do 4,000 Cuba 500 Ann 500 Total 48,510 J. GORGAS, Colonel. [AUGUST 16, 1862.] RICHMOND, August 18, 1862. To THE SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFED- ERATE STA1~Es: It is again our fortune to meet for devising measures necessary to the public welfare whilst our country is involved in a desolating war. The sufferings endured by some portions of the people excite the deep solicitude of the Government, and the sympathy thus evoked has been heightened by the patriotic devotion with which these sufferings have~ been borne. The gallantry and good conduct of our troops, always claiming the gratitude of the country, have been Surther illus- trated on hard-fought fields, marked by exhibitions of individual prowess which can find but few parallels in ancient or modern history. Our Army has not faltered in any of the various trials to which it has been subjected, and the great body of the people has continued to manifest a zeal and unanimity which not only cheer the battle-stained soldier, but gives assurance to the friends of constitutional liberty of our final triumph in the pending struggle against despotic usurpation. The vast army which threatened the capital of the Confederacy has been defeated and driven from the lines of investment, and the enemy, repeatedly foiled in his efforts for its capture, is now seeking to raise new armies on a scale such as modern history does not record, to effect that subjugation of the South so often proclaimed as on the eve of accomplishment. The perfidy which disregarded rights secured by compact, the mad- ness which trampled on obligajions made sacred by every considera- tion of honor, have been intensified by the malignity engendered by defeat. These passions have changed the character of the hostilities waged by our enemies, who are becoming daily less regardful of the usages of civilized war and the dictates of humanity. Rapine and wanton destruction of private property, war upon non-combatants, murder of captives, bloody threats to avenge the death of an invading soldiery by the slaughter of unarmed citizens, orders of banishment against peaceful farmers engaged in the cultivation of the soil, am 5 Page 53 CONFEDERATE AUTHORITIES. 53 some of the means used by our ruthless invaders to enforce the sub- mission of a free people to foreign sway. Confiscation bills of a character so atrocious as to insure, if executed, the utter ruin of the entire population of these States, are passed by their Congress and approved by their Executive. The moneyed obligations of the Con- federate Government are forged by citizens of the United States, and publicly advertised for sale in their cities with a notoriety that suf- ficiently attests the knowledge of their Government, and its complicity in the crime is further evinced by the fact that the soldiers of the invading armies are found supplied with large quantities of these forged notes as a means of despoiling the country people, by fraud, out of such portions of their property as armed violence may fail to reach. Two at least of the generals of the United States are engaged, unchecked by their Government, in exciting servile insurrection, and in arming and training slaves for warfare against their masters, citi- zens of the Confederacy. Another has been found of instincts so brutal as to invite the violence of his soldiery against the women of a captured city. Yet the rebuke of civilized man has failed to evoke from the authorities of the United States one mark of disapprobation of his acts, nor is there any reason to suppose that the conduct of Benjamin F. Butler has failed to secure from his Government the sanction and applause with which it is known to have been greeted by public meetings and portions of the press of the United States. To inquiries made of the commander-in-chief of the armies of the United States whether the atrocious conduct of some of their military commanders met the sanction of that Government, answer has been evaded on the pretext that the inquiry was insulting, and no method remains for the repression of these enormities but such retributive justice as it may be found possible to execute. Retaliation for many of them in kind is impracticable, for I have had occasion to remark in a former message that under no excess of provocation could our noble-hearted defenders be driven to wreak vengeance on unarmed men, on women, or on children. But stern and exemplary punish- ment can aiid must be meted out to the murderers and felons who, dis- gracim~g the profession of arms, seek to make of public war the occasion for the commission of the most monstrous crimes. Deeply as we may regret the character of the contest into which we are about to be forced, we must accept it as an alternative which recent manifesta- tions give us little hope can be avoided. The exasperation of failure has aroused the worst passions of our enemies. A large portion of their people, even of their clergymen, now engage in urging an excited populace to the extreme of ferocity, and nothing remnains but to vindicate our rights and to maintain our existence by employing against our foe every energy and every resource at our disposal. I append for your information a copy of the papers exhibiting the action of the Government up to the present time for the repression of the outrages committed on oair people. * Other mueasures now in progress will be submitted hereafter. In inviting your attention to the legislation which the necessities of our condition require, those connected with the prosecution of the war command almost undivided attention. The acts passed at your last session intended to secure the public defense by general enrollment, * See Lee to General Commanding U. S. Army, August 2, 1862; General Orders, No. 54, August 1,1862; Randolph to Lee, June 29,1862; Lee to General Command- ing U. S. Army, August 2,1862; Halleck to Lee, August 7,1862; Halleck to Lee, August 9,1862; all in Series II, Vol. IV, pp.329,836,792,328, 350,362, respectively Page 54 54 CORRESPONDENCE, ETC. and to render uniform the rules governing troops in the service, have led to some unexpected criticism that is much to be regretted. The efficiency of the law has been thus somewhat impaired, though it is not believed that in any of the States the popular mind has withheld its sanction from either the necessity or propriety of your legislation. It is only by harmonious as well as zealous action that a government as new as ours, ushered into existence on the very eve of a great war, and unprovided with the material for conducting hostilities on so vast a scale, can fulfill its duties. Upon you who are fully informed of the acts and purposes of the Government, and thoroughly imbued with the feelings and sentiments of the people, must reliance be placed to secure this great object. You can best devise the means for establishing that entire co-operation of the State and Confederate governments which is essential to the well-being of both at all times, but which is now indispensable to their very existence. And if any legislation shall seem to you appropriate for adjusting differences of opinion, it will be my pleasure as well as duty to co-operate in any measnre that may be devised for reconciling a just care for the public defense with a proper deference for the most scrupulous susceptibili- ties of the State authorities. The report of the Secretary of the Treasury will exhibit in detail the operations of that Department. * It will be seen with satisfaction that the credit of the Government securities remains unimpaired, and that this credit is fully justified by the comparatively small amount of accumulated debt, notwithstanding the magnitude of our military operations. The legislation of the last session provided for the purchase of supplies with the bonds of the Government, but the preference of the people for Treasury notes has been so marked that legislation is recommended to authorize an increase in the issue of Treasury notes, which the public service seems to require. No grave inconvenience need be apprehended from this increased issue, as the provision of law by which these notes are convertible into 8 per cent. bonds forms an efficient and permanent safeguard against any serious depreciation of the currency. Your attention is also invited to the me~ns proposed by the Secretary for facilitating the preparation of these notes and for guarding them against forgery. It is due to our people to state that no manufacture of counterfeit notes exists within our limits, and that they are all imported from the Northern States. The report of the Secretary of War, which is submitted, contains numerous suggestions for the legislation deemed desirable in order to add to the efficiency of the service. ~ I invite your favorable consideration especially to those recommendations which are intended to secure the proper execution of the conscript law, and the consoli- dation of companies, battalions, and regiments when so reduced in strength as to impair that uniformity of organization which is necessary in the Army, while an undue burden is imposed on the Treasury. The necessity foj~ some legislation for controlling military transportation on the railroads and improving their present defective condition forces itself upon the attention of the Government, and I trust you will be able to devise satisfactory measures for attaining this purpose. The legislation on the subject of general officers involves the service in some difficulties, which are pointed out by the Secretary, and for which the remedy suggested by him seems appropriate. In connection with this subject, I am of opinion that prudence dic- tates some provision for the increase of the Army in the event of *See August 18, p. 59. t See August 12, p. 42 Page 55 CONFEDERATE AUTHORITIES. 55 emergencies not now anticipated. The very large increase of forces recently called into the field by the President of the United States may render it necessary hereafter to extend the provisions of the con- script law so as to embrace persons between the ages of thirty-five and forty-five years. The vigor and efficiency of our present forces, their condition, and skill and ability which distinguish their lead- ers inspire the belief that no further enrollment will be necessary, but a wise foresight requires that if a necessity should be suddenly developed during the recess of Congress requiring increased forces for our defense, means should exist for calling such forces into the field without awaiting the reassembling of the legislative department of the Government. In the election and appointment of officers for the Provisional Army it was to be anticipated that mistakes would be made and incompetent officers of all grades introduced into the service. In the absence of experience, and with no reliable guide for selection, exec- utive appointments as well as elections have been sometimes unfor- tunate. The good of the service, the interests of our country, require that some means be devised for withdrawing the commissions of offi- cers who are incompetent for the duties required by their position, and I trust you will find means for relieving the Army of such officers by some mode more prompt and less wounding to their sensibility than the judgment of a court-martial. Within a recent period we have effected the object so long desired of an arrangement for the exchange of prisoners, which is now being executed by delivery at the points agreed upon, and which will, it is hoped, speedily restore our brave and unfortunate countrymen to their places in the ranks of the Army, from which by the fortune of war they have for a time been separated. The details of this arrangement will be communicated to you in a special report when further progress has been made in their execution. Of other particulars concerning the operations of the War IDepart- ment you will be informed by the Secretary in his report and the accompanying documents. The report of the Secretary of the Navy* embraces a statement of the operations and present condition of this branch of the public service, both afloat and ashore; the construction and equipment of armed vessels both at home and abroad; the manufacture of ordnance and ordnance stores; and the establishment of workshops and the development of our resources of coal and iron. Some legislation seems essential for securing crews for vessels. rrhe difficulties now experienced on this point are fully stated in the Secretarys report, and I invite your attention to providing a remedy. The report of the Postmaster~General* discloses the embarrass- ments which resulted in the postal service from the occupation by the enemy of the Mississippi River and portions of the territory of the different States. The measur~ taken by the Department for reliev- ing these embarrassments as far as practicable are detailed in the report. It is a subject of congratulation that during the ten months which ended on the 31st March last the expenses of the Department were largely decreased, whilst its revenue was augmented, as com- pared with a corresponding period ending on the 30th June, 1860, when the postal service for these States was conducted under the authority delegated to the United States. Sufficient time has not yet * Omitted Page 56 56 CORRESPONDENCE, ETC. elapsed to determine whether the measures heretofore devised by Cone gress will accomplish the end of bringing the expenditures of the Department within the limit of its own revenues by the 1st of March next, as required by the Constitution. I am happy to inform you that in spite of both blandishments and threats, used in profusion by the agents of the Government of the United States, the Indian nations within the Confederacy have remained firm in their loyalty and steadfast in the observance of their treaty engagements with this Government. Nor has their fidelity been shaken by the fact that, owing to the vacancies in some of the offices of agents and superintendents, delay has occurred in the pay- mnents of the annuities and allowances to which they are entitled. I would advise some provision authorizing payments to be made by other officers, in the absence of those specially charged by law with this duty. We have never-ceasing cause to be grateful for the favor with which God has protected our infant Confederacy. And it becomes us rev- erently to return our thanks and humbly to ask of His bounteous- ness that wisdom which is needful for the performance of the high trusts with which we are charged. JEFFERSON DAVIS. WAR DEPARTMENT, SURGEON-GENERALS OFFICE, Richmond, August 18, 1862. In conformity with paragraph II, General Orders, No. 53, War Department, Adjutant and Inspector Generals Office, July 31, 1862, medical directors, chief surgeons of division, and senior surgeons of brigade are not to be considered a part of the personal staff of their commanding generals. They are general staff officers, and are to be required to attend to all the particular duties of their position in the army, division, or brigade, and any change of generals of these com- mands does not involve them. Should different armies be consolidated under one commander, the medical directors of the armies thus absorbed cease to act as such. They must report to, and will be gov- erned by the orders of, the medical director of the commanding general. S. P. MOORE, Surgeon- General. STATE OF FLORIDA, EXECUTIVE DEPARTMENT Tallahassee, Fla., August 18, 1862. The Honorable Senators and Representatives of the State of Florida, Richmond, Va.: GENTLEMEN: Should the act of Congress relative to conscripts be amended so as to embrace persons over the age of thirty-five years there should be a saving clause in the act to retain in this State for local defense such of our citiz*~ns as shall be made subject by the amend- ment. A very large proportion of those now in the service as volunteers are over thirty-five years old. Some over that age are substitutes, and those who furnished sub- stitutes should be made subject to perform duty for local defense against invasion Page 57 CONFEDERATE AUTHORiTIES. 57 After the most diligent inquiry, I believe the number left in the State capable of bearing arms is insufficient, unless jhdiciously organ- ized into military bodies, to keep the slaves subject to authority. I am receiving information daily, and from various parts of the State, of an increasing disposition on the part of the slaves to go to the enemy, and unless we shall have a force apparently suffici& nt to prevent it, they may accomplish their purpose by violence, especially if any attempt shall be made by the enemy to invade the State by land. The exposed condition of the State geographically, the large number of slaves in it, and the immense number of our citizens absent in arms, under existing circumstances, are facts worthy the most serious consideration. Allow me to suggest most respectfully that you should advocate such measures of legislation as the safety of the State may require without compromising the honor and dignity of the State in her obligations to her sister States for the maintenance of the war. There is another matter to which I would invite your attention. The ability of the Confederate Government to command the respect and the recognition of European Governments and maintain the war suc- cessfully with the United States depends very much upon the wise control of cotton. The villainous traffic which is carried on by speculators under the plea of furnishing the people of the South with the prime necessities of life should be suppressed. In November last I opposed vessels leaving Apalachicola with cotton, but agreed, after consulting the Secretary of the Navy, to let them depart with turpentine. In violation of this understanding aii attempt was made to leave the port with a shipload of cotton, which was pre- vented by my order to General Floyd, then in command of the forces at Ajialachicola. The Secretary of War, the lIon. J. P. Benjamin, inter- posed, insisting on the right of the vessels to depart. Inclosed you will receive copies of the telegraphic correspondence. * Agreeably to the views of the Secretary of War five vessels were per- mitted to leave port and were captured by the enemy iii transit, as will 4pear by the statement of the collector at the port. Since then other vessels have left our ports with cotton, some of which have returned with coffee, salt, and other articles of merchandise, which the owners or their agents have disposed of at the most exorbi- tant prices to the citizens of this and adjacent States. Some of the goods were manufactured in the United States, and over the manu- facturers stamps upon the goods the names of English manufacturers were stamped, which upon being removed exhibited the cunning device of Yafikee villainy, thus confirming a suspicion which I had entertained and expressed, that frauds were perpetrated under the pretense of loyalty to the South. After patient inquiries. of several months the evidence obtained satisfied me beyond doubt that individuals residing in New York, Boston, Havana, and Nassau and in some of our Southern cities, had formed copartuerships by which to carry on the most nefarious and profitable traffic un~ler. false pretensespartners residing at the South professing loyalty to the South, partners residing at the North expressing loyalty to the North, and partners at intermediate points loyalty only to circumstances. The owners or agents Pm Havana or Nassau receive merchand-ise sent from Northern cities, and received * Not found as inclosures Page 58 58 CORRESPONDENCE, ETC. also cotton shipped from the Southern portsthe merchandise to be sent to the Confederate States, the cotton to the United States-and thus the people, North and South, were and are fleeced by speculat- ing traitors. By such base means our citizens have been and are subj ~cted to the vilest system of extortion for the prime necessities of life ; and not only has cotton been thus obtained by the enemy, but information prejudicial to our interests has been obtained, our slaves have been corrupted and decoyed off, and some of the more ignorant portions of our white population made disloyal by the influence of traitorous speculators. What would be the effect of an act of Congress prohibiting, under severe penalties, shipments of cotton or other products from our ports, and under like penalties prohibiting the introduction of mer- chandise from not only the United States, but all foreign countries which refuse to recognize the independence of the Confederate States of America? Our people, by industry and enterprise, can make all they absolutely need. The citizens of foreign nations, anxious to trade with us, if prevented while our ports shall be blockaded by our own Government and the patriotism of our people, will have a direct and powerful interest in the removal of the blockade. The love of speculation and profit, which makes thousands anxious for the con- tinuance of the war, will, if all commerce shall be interdicted, make the lovers of traffic in the United States and Europe anxious to ter- minate a war the existence of which shall be ascertained to be the cause of cutting off all trade, legitimate or by smuggling, with people of the Confederate States. But it may be said that some commerce is necessary to enable us to get guns, firearms, and munitions of war. Have not the United States captured as many of these articles which were purchased by the agents of the Confederate Government as have run the blockade? With the arms and munitions of war now possessed by the Con- federate Government, courage and (laring deeds well directed will make us take from the enemy what we need at less expense and with more glory and honor than we can obtain them otherwise while our ports shall continue blockaded and foreign nations shall quietly sub- mit to the blockade. It was said to be important to encourage a violation of the blockade to prove to foreign nations its insufficiency, and thus invite their opposition to it. The proof of its inefficiency has been ample, but without producing the desired effect. - Foreign nations will not recognize the independence of the Con- federate States untii commerce with the Confederate States will become not only desirable but necessary to their own prosperity. Then, and not till then, will our independence be recognized and suitable treaties be made to regulate our political relations and pro- tect our commerce with other nations. I have the honor to be, respectfully, JOHN MILTON, Governor of Florida. (To Hon. James M. Baker, Hon. A. E. Maxwell, Hon. J. B. Daw- kimis, and Hon. R. B. Hilton, Richmond, Va.) P. S.A few weeks ago cotton was taken from the South, was placed upon the mail steamers Columbia and Roanoke at sea, and sent to New York Page 59 59 CONFEDERATE AUTHORITIES. I hereby certify that the foregoing is a true and correct copy for- warded to the Florida delegation in Congress. EDW. BARNARD, Private Secretary to His Excellency John Milton, Governor of Florida. RICHMOND, VA., August 19, 1862. The SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES: I herewith transmit for your information the report of the Secretary of the Treasury and accompanying estimates, to which reference was made in my message of yesterday, and invite your careful attention to the statements and recommendations contained in them. JEFFERSON DAVIS. [Inclosure.] CONFEDERATE STATES OF AMERICA, TREASURY DEPT., Richmond, August 18, 1862. Hon. THOMAS S. BOCOCK Speaker House of Representatives, Confederate States of America: SIR: I have the honor to submit the following report of the condi- tion of this Department and of the estimates and supplies requisite for the support of the Government until the 1st of January ensuing. The receipts at the Treasury up to August 1 from all the various sources of income are as follows: Fromcustoms From miscellaneous sources From loan, act February 28,1861 From loan,act August 19, 1861 From call deposits under act of December 24,1861 - From Treasury notes. act March 9,1861 From Treasury notes, act May 16,1861 From~reasury notes, act August 19, 1861 From mt. Treasury notes, act April 17, 1861 From $1 and $2 Treasury notes From temporary loans from banksbalance From war tax $1, 437,399.96 1,974,769.33 15,000,000.00 22, 613,346.61 37,585,200.00 2,021,100.00 17,347,955.00 167,764,615.00 22,799,900.00 846,000.00 2,625,000.00 10,539,910.70 Total 302,555,196.60 The expenditures at the same date are as follows: War Department $298,376,549.41 Navy Department. 14,605,777.86 Civil and miscellaneous - - - - - 15,766,503.43 Total 328,748,830.70 The difference between this sum and the receipts, amounting to ~26,193,634.1O, is made up of the various balances on the books of the Treasury to the credit of disbursing officers, which are not yet paid. There are also outstanding requisitions upon the Treasury, upon which warrants are not yet issued, as follows: WarDepartment - $18,112,192.15 Navy Department 411,936.00 Total 18,524,128.1 Page 60 60 CORRESPONDENCE, ETC. This sum must be added to the expenditures paid as above in order to exhibit the whole expenditures of the Government from its com- mencement to the 1st of August, and the aggregate is $347,272,958.85; and for still greater accuracy it should be stated that as about $5,000,000 of the amount charged as expenditure has been paid for the redemption of deposit certificates, the aggregate above stated is sub- ject to that abatement when considered in the light of actual expenses. The Treasury notes issued to the same date are as follows: General currency notes of $5 and over $180, 956,935 Generalcurrencynotesunder$5 846,000 Interest-bearing at rate 3.65 1,441,200 Interest-bearing at rate 7.30 22,799,900 Total 206,044,035 To pay the balance against the Treasury as above set forth there must be a further issue of 26,193,634 And to pay the outstanding requisitions, as above stated 18,524,128 Total 250,761,797 The issue already made of these notes amounts, as above shown, to 183,244,135 Leaving authority to issue only 16,755,865 Total __ 200 000 000 The differences between the balances now due by the Treasury, $44,717,762, and the above $16,755,865 is $27,961,897. Unless this balance can be paid by bonds or 7.30 notes, the authority to issue general-currency notes must at once be extended to pay the same, and that authority must be extended still further to meet the appropriations already made by Congress and not yet paid, and also the further appropriations yet to be made. The appropriations already made by Congress and not drawn on August 1 amount to $164,687,389.93. The estimates submitted by the various Departments of the addi- tional supplies required to make good deficiencies and to support the Government to January 1 next are as follows: For tife War Department. $44,373,590.36 For the civil list 386,607.39 - 102,899.38 Total 44,863,097.13 So that the whole amount of supplies required to January 1 pre- sents a total of $209,550,487.06. Congress must now determine the best mode of raising this sum. If the bonds or stock of the Govern muent to any considerable extent could be sold, they would unquestionably offer the best mode of rais- .ing the money. An examination of our funded-debt account will show that only a small portion can be raised in this way. The whole amount of bonds and stock issued is as follows: 8percent.stockandbonds $41,577,250 6 per cent. call certificates 32,784,400 Total 74,361,650 This statement, while in the large amount of call deposits it exhibits its confidence in the credit of the Government, yet in the small com- parative amount of bonds and stock it shows an indisposition to make investments in that form. We are, therefore, constrained to resort to Treasury notes as the only mode by which the requisit Page 61 CONFEDERATE AUTHORITIES. 61 funds can be raised. This resource has its limits; but it is hoped that with a reasonable economy in making the appropriations the plans already set in operation will extend those limits so as to reach to the end of the war. The inherent objections which attend a Government currency are that it disturbs the standard of value and enhances prices. The facility with which it is created is a constant temptation to excess; and the danger of this excess, together with the doubt of an ability to pay, are the chief causes which affect its credit as a currency. Thus far no want of confidence has been exhibited in our currency. It freely circulates everywhere, and the fact that the banking insti- tutions receive and pay out Treasury notes in their own business is the most certain indication that their credit is unimpaired. The other cause becomes active only when the total amount of cir- culation exceeds the usual business wants of the commuiiity. It operates without relation to the actual value of the circulation, so that even coin, if it could be kept in a country, woul!1 (if in excess) produce the same. result. The effect is a necessary consequence of the relation between the whole circulating medium and the whole business and property of the community, and can only be modified by influences upon the cause. Every means, therefore, which will reduce the quantity of circulation becomes important, and should diligently be sought after. It was with this view that Congress adopted two measures of relief one, by which any excess in the quantity of currency might at once be permanently withdrawn and funded in 8 per cent. bonds; the other, by which the same effect could be produced for a time, through inter- est-bearing notes and deposits on call. Both plans are working well. The deposits have in fact been a permanent loan at 6 per cent. rrlle interest notes, although current to a certain degree, are usually withdrawn from general circulation as soon as a sufficient amount of interest has accrued upon them to make them valuable as a temporary investment. It must be observed, however, that if this interest should remain in arrear for a long or indefinite time, these notes encounter a di~ulty which seriously impairs their value, namely, that of an unproductive investment. Thus, being both unproductive and uncur- rent, they will not pass into general use unless the interest be paid annually. It will be seen that the issue of these notes already amounts to upward of $22,000,000. Much of it has doubtless been taken under the belief that the interest would be paid like other interest, and I have encouraged this belief by stating that I would recommend to Congress that the interest should be paid annually. I earnestly hope that Congress will approve this recommendation. The payment could be stamped annually on the note, without encumbering it with a coupon; and in this way it is believed the objects intended by the issue would be effected. I would also recommend that the notes be issued of a less denomi- nation than $100. The large amount of money in the hands of pri- vate capitalists is the fund which we must induce to be loaned for the uses of the Government. From the war tax returns and from estimates as to such States as have not yet made complete returns, this fund may be set down at $700,000,000, and one of the best means for procuring the use of part of it by the Government seems to be through these notes, which answer the double purpose of currency and investment. I have also to report that the acceptance of deposits on call at 6 per cent. has operated well. It will be seen that nearly $30,000,00 Page 62 62 CORRESPONDENCE, ETC. have been deposited in this way; thus proving, at the same time, the confidence of the country in the Government and the advantages of the plan. It will also appear from the statements herewith that there have been issued about $846,000 of notes under $~5. These notes are in great demand, and the issue of them may be extended to $10,000,000. The issue of the large amounts and various denominations of notes has confronted us with a difficulty which calls for the intervention of Congress. It requires the services of 129 clerks to perform the vari- ous duties involved in the issue of these notes. Of these about 72 are employed in signing; and it will be readily seen that the chief security intended by the signing is thus reduced to but little practical value. It is difficult for any one to bear in mind the signatures of so many different writers; but when to this is added the changes required by sickness, absence, and resignations, it becomes impossible. These embarrassments have been increased by the efforts of our enemies to counterfeit the notes. Organized plans seem to be in oper- ation for introducing counterfeits among us by means of prisoners and traitors; and printed advertisements have been found, stating that the counterfeit notes, in any quantity, will be forwarded by mail from Chestnut street, in Philadelphia, to the order of any purchaser. Under these circumstances it will be necessary to change many of the plates and to make new issues. The change would be iuore com- plete by dispensing with the variety of signatures, which are attached to the other notes. I am informed by the engravers that the signa- tures of the register and treasurer might be engraved in fac simile and printed, and that by stamping an elaborate engraving in colors on the back of the note the security against counterfeits would be greater than it is at present. The expense of the issue would be diminished by dispensing with the numerous signing clerks, and its more prompt execution would be secured. In order to make this change the authority of Congress is necessary. The laws against counterfeiting, if not already sufficient, must be made to embrace these notes. In this connection, too, it is proper to bring to the notice of Congress that the penalties of the law, while they apply to any per- son found in possession of counterfeit blank notes, with intent to utter them, do not seem to embrace notes which are completely filled up and ready for circulation. The situation of the country made it advisable to remove the print- ing and engraving establishments from Richmond shortly after the last adjournment of Congress. The distance from the seat of govern- ment at which so delicate a business must now be conducted involves the necessity of greater expense and of greater ability and higher character than those of ordinary clerks, in those who must superin- tend. I would, therefore, respectfully suggest that this Department be made a separate bureau, and that a chief clerk, with an appro- priate salary, be charged with the superintendence of its business at Columbia. The war tax has been paid by the several States as follows: North Carolina $1,400,000.00 Virginia 2,125,000.00 Lonisiana 2,500,000.00 Alabama 2,000,000.00 Georgia 434,126.12 Florida 225,374.11 Mississippi 1,484,467.67 Total - - 10,168,967.9 Page 63 CONFEDERATE AUTHORITIES. 63 The State of Georgia has substantially paid in the balance due by her, and the State of South Carolina has paid the whole amount due by her into the Treasury, in the form of 6 per cent. call certificates. But as the final settlement has not yet taken place, the certificates have not as yet been delivered up and the account is not yet closed. The returns from the States of Alabama, Louisiana, Mississippi, Arkansas, and Texas have not yet been rendered in complete. The two former States have, nevertheless, paid their taxes in advanc~. From the documents furnished it appears that the States of North Carolina and Alabama have overpaid their respective assessments, and I will ask leave to submit an estimate of the amounts to be refunded theni as soon as the complete returns shall be received. The collection of the war tax has presented several difficulties, which it is proper that Congress should have in view whenever a further tax shall be levied. These difficulties are presented together in a report from the chief clerk of the War-Tax Office, a copy of which is herewith respectfully submitted. It is also proper to state that by a judgiuent of the district judge of South Carolina money invested in State bonds has been excepted from the war tax. An appeal has been ordered from this judgm~~nt, but as no supreme court has yet been organized, the effect of the judgment will be to release from any future tax all moneys invested in this form in South Carolina, or in any other State wherein the district judge may bold the same opinion. Since the last meeting of Congress I have appointed three new places of deposit for public moneysone at Galveston, Tex., oiie at Knoxville, Tenn., and one at Augusta, Ga. The assistant treasurer at New Orleans has removed his office for the time to Jackson, Miss., and the depositary at Mobile has made a temporary removal to Montgomery, Ala. All of which is respectfully submitted. C. G. MEMMINGER, Secretary of the Treasury. [Sub-inclosure.] TREASURY DEPARTMENT, WAR-TAX OFFICE, August 1, 1862. Hon. C. G. MEMMINGER, Secretary of the Treasury: SIR Believing that the continuance of the war and the exigencies of the country arising therefrom will impose upon Congress the duty of providing for another war tax, I feel it my duty to present for your consideration some of the views I entertain, which result from my observation of the operations of the act of 19th of August, 1861, and to suggest certain amendments which I think should be adopted in the construction of any statute that Congress may enact on this subject. It is not intended to dictate to you what you should recommend Congress to do in the premises, but merely to lay my suggestions before you, so that, if you perceive any merit in them, you may adopt such as are approved, and present them at the proper time for the consideration and action of Congress. The returns, so far as received from four States, exhibit an ine- quality in the valuation of certain species of property, which is unjust in its effects upon a large portion of tax-payers, and which, in any future legislation, I think, should not exist. For instance, in th Page 64 64 CORRESPONDENCE~ ETC. State of Virginia the average value of slaves, according to the war- tax assessments, is $350. 64, while the average in some counties goes up to $400, and in others falls below $300. The citizens of the latter counties contribute to the general fund for war purposes one-fourth less than those of the former. Su~h inequality is unjust and bears heavily on that class of citizens who are most willing to bear the burden of taxation, and who consequently place upon their property a liberal valuation. Besides, it is calculated to produce inurmurings and discontent among the people. In view of these facts it seems to me that a uniform rule of valua- tion for slave property in each State should be incorporated in any future tax law that may be passed, so that those slaves of like age and sex should have a uniform valuation fixed by the act itself throughout the whole State. It would be difficult to adjust any uniform scale of classification for real estate, which is affected by so many contingencies and incidents arising from position with reference to marts of trade and commerce, navigable waters, railroads, & c., but with slaves it is different. Those of like age and sex usually maintaiii the same price within the limits of the same State. In connection with this subject I beg leave to make a quotation from the report of Joseph D. Pope, esq., chief col- lector of war tax for the State of South Carolina. He says: Those persons appointed by the sub-collectors to make the assessment of the property in the State have, doubtless, endeavored to discfrarge the duties fairly and impartially, and in many instances have given great satisfaction, but in other instances the work has been impem~fectly done. This results not so much from the fault of the assessors as from the difference of opinion that will exist as to the value of property by two persons in the same community. It is respectfully submitted that by putting a valuation upon slaves by law, according to a classification as hereinbefore referred to (that is, to fix a scale of value for all slaves in each State according to age, sex, and qualifications), the assessors may be dispensed with entirely and the expense of that part of the machinery saved. The sub-collector can make his appointments throughout the district and take the returns in the same manner as is now done by the State tax collectors, and he can fix the value of property quite as well as the assessor, and in less time. If a valuation be put upon slaves by law, the only class of prop- erty~iow taxed that would be likely to give rise to a difference of opinion is real estate, and the sub-collectors general knowledge of all lands in his district, with the representations of the owner under oath, aided by the opinion of disinterested persons, would enable him to fix the value for taxable purposes without difficulty. The assessors arrive at their conclusions in the same way in taking the present returns. Large towns and cities may be made an exception, and for them an assessor or assessors may be appointed if necessary. In addition to these views of Mr. Pope it may be furtheT suggested that each county should constitute a tax district, except in the case of very large counties, which may be divided into two, and that large towns and cities may be managed in the same way. The sub-collectors compensation should be a certain per cent. on all sums under $10,000, say, and a diminished per cent. on all over that amount and under $20,000, and so on, regularly diminishing the per centum as the amount ncreases, so as to make it to his interest to collect the last cent due. It may be objected to the proposition to dispense with assessors that there would be no tribunal to determine appeals from assessments and applications for a reduction of double tax. This tribunal might be supplied by the appointment of a com- missioner for each district from one of the magistrates of the county, binding him by a suitable oath and giving him the usual fees for trying cases. The most serious evil of the present system of assess- ments is the diversity of opinion among so great a number, and th Page 65 CONFEDERATE AUTHORITIES. 65 consequent inequality of valuation of the same species of l)rOperty, and the inequality of taxation resulting therefrom. The present law requires each tax-payer to deliver a written list of his property. In lieu of this blank printed lists should be supplied to each tax-payer by the person receiving the return. For reasons heretofore expressed in a communication to you dated 7th of April last I would further suggest that Congress be asked to authorize the appointment of a disbursing agent, to be attached to this office, whose duty it shall be, under the supervision of the Secre- tary, to examine all war-tax accounts and settle the same by his requisition on the Treasury, and to make monthly or quarterly state- ments, as may be deemed most proper, to the First Auditor, so that his monthly or quarterly transactions, as the case may be, may be ptesented in one large account, accompanied by the stated accounts settled by him as vouchers. All of which is respectfully submitted. rr ALLAN, Chief Clerk of War Tax. ORDNANCE BUREAU, Richmond, Va., August 20, 1862. iou. G. W. RANDOLPH, Secretary of War: SIR: On March 28 last I received a letter from you inclosing the resolution of Congress inquiring into the loss of stores of various kinds in the recent reverses of our armies at Forts Ilenry and Don- elson, and Fishing Creek, Roanoke Island, and in the retreat from Columbus, New Madrid, Bowling Green, Nashville, and the line of the Potomac. In order to give some satisfactory report of the loss of ordnance and ordnance stores, letters were addressed to the following officers: Gen- erals Leonidas Polk, A. S. Johnston, and Benjamin lInger, Lieut. Col. Miltou~ A. ilaynes, Maj. W. R. Hunt, Capt. E. P. Alexander, and Lieutenants Wright and MeClung. But few of these replied; and herewith I have the honor to inclose a report as full as the informa- tion which has reached this Bureau will afford. Very respectfully, your obedient servant, J. GORGAS, Colonel and Chief of Ordnance. [ Inclosure.] Estimates of losses at Forts Henry and Donelson reported by Lieut. Col. Milton A. Haynes. * AT DONELSON. 32-pounder guns (two ship carronades) 10 10-pounder columbiad~ 1 32-pounder rifle gun 1 8-inch bronze howitzer - 1 9-pounderironnondescriptguns 2 Five light batteries (average over six guns) 35 Total - 50 5 R RSERIES iv, VOL II * See also Haynes report of March 22, 1862, Series I, Vol. VII, p. 145 Page 66 66 CORRESPONDENCE, ETC. AT FORT HENRY. 32-pounder guns 10 10-inch columbiad 1 32-pounder rifle gun (burst in action) 1 Field pieces (two howitzers and one rifle 3-pounder) 6 Total 18 General linger reports that the only information of the supplies at Roanoke Island on record in the Department of Norfolk is contained in a report of Colonel Shaw, commanding, to Brigadier-General Wise, dated January 8, of which the following is a transcript: The defenses on Croatan Sound consist of four batteries, mounting in the aggregate thirty guns, all 32-pounders, as follows: At Weirs Point, ten smooth-bore and two rifled guns 12 At Pork Point, six smooth-bores and one rifled gun - At Fort Blanchard, four smooth-bores At Redstone Point, seven smooth-bores - Notmounted, at Weirs Point, two 32-pounders At Midgetts Hommock, Roanoke Sound, two smooth-bore 32-pounders 7 4 7 2 2 Total Of light artillery there are three piecesone 24-pounder howitzer, one 18-pounder Mexican, and one 6-pounderall mounted on carriages with limbers, but no caissons. AMMUNITION ON HAND. Chargesfor 32-pounder guns Round shot Rifle-shells Primers Fixedammunitionfor24-pOunderhOwitzers - Boxpercussion-wafers~ -- - Portflres - Powder (pounds) Stand of grape Friction-primers Pe~cussion-pinmerS Junk-wads --- Grommets -- Canister (A powder) Spherical case-shot-. Slow-matches 387 1,300 250 300 83 1 150 250 315 2,000 500 150 400 98 38 10 AMMUNITION FOR SMALL-ARMS. 13a11-cartridgesforpercussiOn . 52,159 Ball-cartridgesforpercussiOnissued . 16,578 Ball-cartridgesforflint-lock 17,183 Balls 3,320 Lead (pounds) ... 150 Percussion-caps 55,000 All this ammunition not used in the engagement was destroyed or captured. General Huger also reports that in addition to the above, supplies, consisting of 1,300 pounds of cannon-powder and 300 32-shell and 32-pounder shot, were afterward procured by Major Williamson from Richmond and the navy-yard. Capt. E. P. Alexander reports that the only loss sustained in the retreat from Manassas was 1,500 rounds of artillery ammunition, and this was destroyed to lighten the loads Page 67 CONFEDERATE AUTHORITIES. 67 BRITISH CONSULATE, lIon. (4. W. RANDOLPH, Mobile, Augmst 20, 1862. Secretary of IYar, Richmond, Va.: SIR: I had the pleasure to a(ldress you under date of 4th instant, as per copy inclosed, to which I have not been favored with any reply. having in the meantime ascertained that British subjects having no (lolnicile are not liable to conscription, I respectfully ask of you to be so good as to prevent the further enrollment of 11cr Majestys subjects not liable to conscription in this State, as well as Florida, and that those already enrolled may be set at liberty. It seems very singular that the Confederate Government should have one law for the States of Alabama, Florida, and Mississippi, and another for South Carolina and Virginia. Tier Majestys consuls at Charleston and Richmond inform me that no British subjects, as before mentioned, are allowed to be conscripted, and if so, are immediately discharged. Soliciting your early attentiomi to my request, I am, sir, your most obedient servant, JAMES MAGEE, Acting Gonsul. [Inclosiiro. I I ~RITISH CONSULATE Mobile, August 4, 18G2. lIon. G. W. RANDOLPH, Secretary of VVar, Riclunond, Va.: SIR: I take the liberty of ask ing of you if British subjects who never have taken any oath of allegiance to either the Federal or Confeder- ate Governments are liable to be forced into the Army under the con- script law? Your early answer will oblige, sir, your most obedient servant, JAMES MAGEE, Acting Consul. S SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 194. Richmond, August 20, 1862. * * * * * * XXV. Citizens of Maryland will not hereafter be taken as substi- tutes. In recruiting for the Maryland Line in this city it will be under- stood that neither artillery or cavalry will be received. * * * * * * * By coniimiaiid of the Secretary of War: JNO. WIlIIERS, As~istaUt A(l]atant & eiwral. STATE OF N( )RTH CAIn )LINA, EXECUTIvE I )EPARTMENT Raleigh, Aagust 22, 18U2. his Excelleimey JEFFERSON DAVIS, President of the Confederate States: SIR: I have the honor to acknowledge the receipt of yours of August 7, inclosing copy of Secretary of Wars letter of August 5. I will thank you to recur a muomnent to that letter till I cami correct a portion of it. Feeling a deep interest amid even anxiety in the speedy and faithful execution of the conscript law, I cannot allow myself to b Page 68 68 CO1~RESPONDENCE, ETC. represented as opposed or even neutral toward it. Section 3, con- script act, reads: It shall be lawful for the President, with the consent of the Governor, to employ State officers, and on failure to obtain such consent shall employ Confederate officers, & c. Section 2, Regulations: Application will be made to the Governor to employ State officers. If not granted, an officer of the Army will be appointed. When State officers are cm- ployed the regulations of States will be observed, & c. Now, this portion of the law has not been observed as far as this State is concerned. No application made; no assent asked. I do not allude to it to complain, but to correct the statement made about my course. The Secretary of War says Major Mallett and Captain MeRac were recommended by General Holmes and General Hill. These recommendations are entitled to all respect, but I do not understand how it meets the requirements of the law which first applies to the Governor for the aid of State officers. In the letter of the Secretary of War is this paragraph: Major Mallett on 11th of June reported that, in conformity with instructions, he had applied to Governor Clark for permission to use the State officers for making enrollments, and he subsequently reported that Governor Clark did not feel himself authorized to assign these officers to him. This paragraph misrepresents inc and the facts. It surely was never contemplated that I was to assign the niilitia and militia officers to a Confederate major. But I had already in advance done what the law required. The adjutant-general had previously, by my orders, enrolled the militia, and I directed him to furnish the conscript officer (Major M.) with a list of all the names between eighteen and thirty- five, and furthermore furnished Major Mallett with the inclosed order to the colonels of militia to assemble their regiments at his call to receive the conscripts and correct and amemid his list. But the major went further, and, without authority, ordered the colonels to enroll them and bring them to camp, which was done. He further required t1~m to go back and hummt uj the niissimmg amid runaways. The colonels objected to further service without or(lers fromn me. rfhe colonels have exeented the law as far as it has been executed without com- pensation or any credit, and the Governor and his muilitia officers are represented in the reports of Major Mallett as declining the service. It is true it has beemi done very imperfectly, but all that has been done has been done by State officers, and neither the comiscript law nor any other law authorized mue to assign these officers to him, and I was surprised that imistead of acknowledging the very efficient assistance he had received from the State authorities lie should have produced the inipression that their assistance was declined. The Secretarys letter further states that Major Mallett and Captain McRae in rais- ing comiscripts have been more successful thami any other officers. They are sending 400 a day. Without again saying how much of this success is due our State officers, I will state the facts as given me in a repomt by Major Mallett on the 22d imistammt. The emirolled lists of conscripts taken by State officers present umore than 20,000 names. Major Mallett reports to mue on the 22d instant: Conscripts sentfrom Camp Holmes 3,050 Conscripts now in Camp Holmes 70 Conscriptssent from Camp Hill - 854 Conscriptsnow in Camp Hill 1,092 Total 5,06 Page 69 CONFEDERATE AUTHORITIES. 69 And coming in very slowly, so the prospect of 400 per day has vanished. The Secretary of War could not have been satisfied if he made a more thorough examination of my statements. however, General Martin has now a supervisory care of it, and I feel satisfied that he will attend to it. I felt it my duty to call attention to it in the flr~t in~tanee, and the reply miNPepre~ented me, w1ii~h rO1ldeV~ this necessary, an(l I ask it may be Iai(l before the l)epartmeimt for that purpose. I do not coIl1l)~ai1l of the inoole the Secretary has selected to carry out the law; trust it may prove the 1)est, l)ut the reading of the law had pro(lllced a olifferent impression oii my Illill(l of the way it was to be executed, and I held myself rea(ly to assist in that or any other mode. I am, most respectfully, yours, hENRY T. CLARK. [Inclosure.1 GENERAL ORDERS, EXECUTIVE DEPT., NORTH CAROLINA ADJT. GENERALS OFFICE (MILITIA), No. 5. ) Raleigh, Jane 11, 1862. Commanding officers of militia will call out their respective regi- ments for the purpose of the enrollment of conscripts at such times as Maj. Peter Mallett, assistant adjutant-general, I~rovisional Army, C. S., for the State of North Carolina, may appoint. By order of Governor Clark: JOHN C. WINDER, Ass istartt Adjufa itt- General. GENERAL ORDERS, A DJT. AND hNsP. GENERALS OFFICE, No. (31. Richin owl, Aagwsf 23, 1862. I. Hereafter all orders from this office published in the Richmond Enquirer will be considered by the Army as official. II. I~ connection with paragraph IV of General Orders, No. 32, from this office, ambulances and wagons for the transportation of regi- mental hospital supplies are reserved for the special use of the hos- pital (lepartifient. While the ambulances, wagons, teams, drivers, & c., will be borne on the returns of the quartermasters, they will be under the exclusive control of the medical officers, and will not be interfered with by any officer, except in permanent ei~camnpments, when by direc- tion of the general commanding the wagons may, if necessary, be temporarily used for local purposes.. III. Paragraph IV, General Orders, No. 53, current series, is so ln()(lified as to read as follows: All seizures and imnpressments of any description of property what- ever belonging to the States of the Confederacy are hereby pmoliibiteol, and officers of the C. S. Army ~tre enjoined to abstain carefully from such seizures and impressments; and in case they are made by mistake, such officers are ordered to make prompt restitution. By order: S. COOPER, A ~jutant an(l Inspector General. [AUGUST 23, 1862.For Price to Randolph, in relation to the organ- ization of troops in Missouri, see Series I, Vol. LIII, p. 823. Page 70 70 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP. GENERAL S OFFICE, No. (32. Richmond, ~4u~d 26, 1862. I. Major-General huger, having 1)een appointed inspector of ord- nance and artillery for the C. S. Army, is authorize(l to inspect and examine into all the estal)lisllments of the 0 id nance D epartinent, an(i the works of all contractors for this (lel)artnLent, including all foundries and mines of iron, lead, copper, an(l muter working uil(ler permanent contract, and the condition and anuamnent of all forts and l)atteries, and to give such orders and instructions as will tend to increase their efficiency. All commanding officerS alL(l others in charoc of snch works are required to give him all facilities and assist- ance iii their power ill the performance of his (lilties. Such orders an(1 instructions as he may comisider necessary, an(l as (10 not conflict with the orders of this Department, will be considered the Or(lers of the War Department, and will be transmitted at once ibrough tue office of the Chief of Ordnance. Reports of inspections will l)e remitted to the War Department throngh the same channels. The rules and mode of inspection will be, in other respects, in conformity with section II of the Regulations of the Ordnance Department, approved February 1, 18(32. All officers of the Quartermasters I)cpartment are required to furnish transportation to himself and his ai(les and assistants on his order. Where there are no lines of transpori ation lie will procure it, and keep an account of time actual expenses, which account will be paid by the Quartermasters Department on his certificate and or(ler. * * * * * * * * lky or(ler S. COOPER, A(1j a/an I (In (1 Insj)ec for General. RICHMoN I), Aagns/ 2(3, 18(;2. JAMES MAGEE British Cons al, Mobile, Ala.: Ijiave telegraphed to Maj. W. G. Swanson as follows: Instruct your enrolling officers, and especially those at Mobile, not to enroll foreigners unless they are permanent residents of the Confederate States; and that the oath of the party supported by the oath of one credible witness is deemued by the Department sufficient proof in such cases. G. W. RANI)OLPII, Secretary o/ JJ7or. iMONTuoMERv, lajast 28, 18(32. Maj. (4emm. WILLIAM KERR, (Jomdg. Third D iris ion, Alabama lJiil i/ia, Greensboro aqh.: Major-General Price, in order to insure success in the offensive operations he is about assumtiing, has found it miecessary to withdraw all of the Confederate troops employed to garrison the different posts in his command, leaving that duty to be performued by the militia of the States, respectively, within whose limits tim posts are established. Among others, he has taken the regiment stationed at Gainesville, which has beemi guarding the public workshops and stores at that point, and has called upon Alabama for a sufficient military force to take its place and discharge this important duty. * For paragraph II of this order see Series II, Vol. IV, p. 864 Page 71 CONFEDERATE AUTHORITIES. 71 In view of the exigency of the case, the regiment referred to being already withdrawn, the Governor has determined to raise from your division 500 troops to serve for thirty days, at the expiration of which they will be relieved by a force of 600 raised from other divisions. The Governor is aware that your command is greatly reduced from the very liberal contribution of volunteers to the Comifederate service, and that it has already contributed more perhaps than any other sec- tiol7l of the State in furnishing Statetroops to the (lefense of Mobile. Movements are, however, about being made which will require a much larger force of State troops, and your division will b~ exempted from any future call, except under the most pressing emergencies, until all the other divisions have been called out. Dispatch also is necessary, and from its local position it is presumed that time necessary force can be raise(1 from your division for time term of thirty days much sooner than from any other division for a longer term. Under these circumstances, therefore, the Governor orders that you will raise from your command with the utmost dispatch, by draft or otherwise, as you may deem proper, 500 troops, to proceed to Gaines- ville, reporting on arrival to the Confederate officer in command at that post, by whom they will be mustered into the Confederate serv- ice for a term not exceeding thirty days. Each man will furnish his own clothing and blankets for the term of service, and a serviceable gun, if possible, as well as such other equipments as may be needed, with cooked rations sufficient to last from the rendezvous to Gaines- ville and one day over. Transportation on railroads and steam-boats, if ou the direct route, will be furnished. In raising this force the commanding general has authority, either by himself or by delegating it to his officers, to make details from regiments, battalions, companies, or parts of companies, or by draft- imig the quota required from all or any part of his command, regu- lating the exercise of this authority by a just and sound discretion with reference to the general or partial security of the country, and such other considerations as may be deemed proper in military aspect. As the principal object in calling upomi your division is to secure at the earliest possible moment the presence of the required force at Gainesville, the Governor hopes that the utmost dispatch will be urged by you upon your officers in raising the force called for. Respectfully, & c., GEORGE GOLI)TlLWAITE. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh., August 28, 1862. lion. GEORGE XV. RANDOLPH, Secretary of War, Richmond, Va.: SIR: In a former comumunication I called your attention to the great numuber of partisan-ranger comhpanies getting up in every section of our State, their inefficiency unless well officered, amid the imupossibility of getting proper officers Uow; the ruinous expense of muounted coin- pammies; but now, particularly, the great detriment it was working to the conscript law. You replied that I had overestimated the number of these companies, and sent me from your office a list of the battal- ions and companies that had been authorized. That list shows that you are not properly informed of the extent of this business, for it does not contain one-third of the companies that are advertised to b Page 72 72 CORRESPONDENCE, ETC. raised by authority of the Secretary of War, General holmes, Gem eral Hill, and General E. K. Smith, and the authority of these names is respected by the enrolling officers to the great detriment of the conscript act, and that you underestimate it. Many of these com- panies are unequipped, unarmed, and have only a paper organization to keep them from an enrollment of conscripts; and I greatly regret that it cannot be made manifest to you what little service they are and what a great and serious damage they are doing to the conscript act, and through it to the whole country. They ought not to have l)eeIl taken from the conscripts, and I trust for the sake of the country it is not too late to disband them and return them to the conscripts. If that cannot be done it would be of some service to the country and save a deal of expense if they were dismounted. I understand it is proposed to correct the evil by organizing these independent com- panies into regiments. That is directly at variance with the policy of the conscript law, and I may say of the country, to increase the num- ber of skeleton regiments instead of filling up those already organized and well officered. The most inexperienced and indifferently quali- fied officers are now most likely to be chosen, an(l it will greatly increase the number of the officers, and army machinery more expen- sive and less effective. Another object I had in this matter was to ascertain from you what companies were properly raised, that I might have a guide for the pay- inent of bounty which I am authorized to pay to all legally raised com- panies; and to perform that duty I must know who really have the proper authority. I question very much whether the act authorizing you to accept partisan rangers can be construed to authorize the Con- federate authorities to raise and organize additional regiments of infantry and cavalry, as has been done in the case of Love, Palmer, Wheeler, and Ferebee, and others. I understand they are called par- tisan rangers, but they are in every particular newly organized regi- ments of cavalry, and Colonel Love of infantry, and I invite your con- sideration to the fact of its interference with State authorities as well as the policy of the conscript law, and when you set aside your Con- fed~ate acts the States will certainly follow so bad an example. All of these companies are niade of the best material in the State, but they are unavailable and worthless for want of officers. Very respectfully, yours, HENRY T. CLARK. RICHMOND, VA., August 30, 18G2. Hons. GEORGE B. HODGE and W. B. MACHEN, Members of Congress from Kentucky: GENTLEMEN: In response to several inquiries made by you in a note addressed to me yesterday I have the honor to reply. You asked, first, whether undemexisting laws the President has power to suspend the enactment of Congress in regard to the conscription in Kentucky, and receive volunteers from that State who have or may organize themselves int6 companies, battalions, and regiments, elect- ing their own officers. My reply is that I do not think the President has such power, and this reply embraces a response to your second question also. In answer to your third question, whether additional legislation is desirable on the part of Congress to invest the Presi- dent with such power, I reply that in my opinion it is desirable Page 73 CONFEDERATE AUTHORITIES. 73 Your fourth interrogation reads, whether it will be in accordauce with your views that upon obtaining possession of the State a military commission shall be appointed with authority to assess damages accrued to the loyal citizens of the Southern Confederacy and levy a tax to be summarily collected upon the supporters of the Federal Government for their reimbursement. So soon as we obtain posses- sion of the State of Kentucky the provisional government of the State will assume its functions, and no power will remain in Congress to adopt special legislation in regard to citizens of Kentucky; and if the persons named are alien enemies they are included in measures already adopted. They are subject also to such laws for the punish- mnent of crime as may be enacted l)y the provisional government. I shall be happy to confer with you on any measures tending to relieve or benefit the people of Kentucky. Very truly and respectfully, yours, JEFFERSON DAVIS. [AUGUST 30, 1862.For proclamation by the Governor of Virginia, calling for a State force of 10,000 men, to be employed chiefly in the defense of Western Virginia, & c., see Series I, Vol. XII, Part III, p. 947.] CONFEDERATE STATES OF AMERICA, EXECUTIVE DEPT., Richmond, September 2, 1862. Hon. G. W. RANDOLPH, Secretary of War: SIR: I am directed by the President to forward to you for attention and the proper action the subjoined copies of resolutions of the Ilouse of Representatives of the 1st instant: Resolved, That the President be requested to communicate to this House at as early a day as convenient whether the work is being prosecuted by the Govern- ment, orin any other way, on the railroad for connecting the Richmond and Dan- yule and the North Carolina railroads, for which $1,000,000 was appropriated by act app~ved February 10, 1862; and what has been accomplished, if anything, to the completion of the same. Resolved, That the President be respectfully requested to communicate to the House of Representatives whether it be true that Maj. Gen. Thomas C. Hiudman, the commanding general of the Trans-Mississippi District, has caused all cotton in said district to be seized; and if so, the object for which said seizure was made. Also whether said commanding general refused to have substitutes received as soldiers in the Army of the Confederate States; also whether the said command- ing general has placed said military district under martial law; also whether said commanding general has caused to be organized into new companies and regi- ments the conscripts of said military district and appointed officers to command the same; and if said acts, or any of them, have been done by said commanding general, that the President be requested to communicate to this House the author- ity or instructions under which said commanding general has taken this action. Your obedient servant, BURTON N. TIARRISON, Private Secretary. EXECUTIVE OFFICE, Richmond, Va., September 2, 1862. GOVERNOR AND EXECUTIV1~ COUNCIL OF SOUTH CAROLINA: GENTLEMEN: I have received from the Adjutant-General a comiun- nication addressed to him by Lient. Col. J. S. Preston, the office Page 74 74 CORRESPONDENCE, ETC. charged with the execution of the law for the enrollment of conscripts in the State of South Carolina. From this communication and its inclosures I learn with profound regret that it is your purpose to pro- mulgate an order countervailing that which Lieutenant-Colonel Preston has been instructed to issue, and thus to obstruct the due execution of the conscript law. The issue thus presented to the Con- federate Government is one which I am unable to avoid without vio- lation of official duty. It is of the gravest character, and I am umvilling to accept it without an appeal to your well-known and fully recognized patriotism and devotion to the common cause. I must confess that among the trials and difficulties of the pending contest for our liberties and independence none was less apprehended by me than that which would arise from the contemplated action of the exec- utive authority of South Carolina. The grounds of your action are not disclosed otherwise than it may be possible to gather them from the papers inclosed by Lieutenant-Colonel Preston. From these it appears that on the 19th of Au~ust it was you that Col. by resolved J. S. Preston be informed that the Governor and Council (10 insist upon the exemption granted by the State authorities of all persons claimed to be liable to Confederate conscription, and that by letter of the same date, addressed to the same officer, you informed him, after setting forth his order calling certain conscripts into camp, that public policy requires that a countervailing order should issue from the State authority upon the appearance of such a one as you propose, and the duty the Governor and the Council owe to the sov- ereign power of the State will i~ender it imperative upon them to do it. If I do not misapprehend the meaning of these passages, the right is here broadly asserted that the State of South Carolina may at her pleasure relieve a portion of her citizens from obedience to laws of the Confederate Congress, admitted to be constitutional laws by your permitting them to be executed on another portion of the people. The right thus asserted is, to my mind, so devoid of founda- tion that I hesitate in attributing to you the intention of maintaining it, a~d still entertain the hope that I may have misapprehended your meaning. It is so very clear that the agreemcut of the States, as con- tained in the Constitution, to delegate to Congress the power to declare war and raise armies would be utterly defeated by the exer- cise of a power on the part of the States to exempt at their pleasure any or all of the citizens from service in the armies of the Confeder- acy, that I am at a loss how to illustrate so plain a proposition. If a State may free her citizens at her own discretion from the burden of military duty, she may do the same in regard to the burden of taxation, or any other lawful duty, payment, or service. In other words, the assertion of such a right on the part of the State is tantamount to a denial of the right of the Confederate Government to enforce the exercise of the delegated power, and would render a confederacy an impracticable form of goverhment. l3ut if it be granted even that I am wrong in these opinions, it seems to inc that the proposed action of your honorable body would still be without just ground. The con- script law acts upon individuals in the different States. If any citi- zen of the State of South Carolina entitled to exemption fromu its operation is wrongfully subjected to its actiomm by the Confederate officers, his remedy is open to him. It is plain and easy. Let him apply to the judges of the land for relief from the action of the Con Page 75 CONFEDERATE AUTUORITIES. 75 federate officer, and if the State law be indeed valid and operative in his favor he will be released. It seems to me that the interference of the State Execntive coun- termanding or countervailing the action of the Confederate Exec- utive is the most exceptionable of all possible means of redress for thc oppression of the citizen. Most assuredly it has never seemed to me that in any conceivable case it could 1)C my (luty to countervail or counterniand the order of the Governor of a State in its action on individuals. The Confederate conrts, as well as those of the State, possess ample powers for the redress of grievances, whether inflicted by legislation or execntive usurpation, and the direct conflict of execu- tive authorities presents a condition of affairs so grave and is sug- gestive of consequences so disastrous that I am sure you cannot contemplate them without deep-seated alarm. On a memorable occa- sion in the history of South Carolina the State authority nullified an act of Congress because of unconstitutionality, but on no occasion did any portion of her citizens ever maintain the right of that State to modify an order of the General Government. It does not appear either from the resolution of your honorable body or from the letter of the chief of the muilitary department that any other action is con- templated at present than a published order which will deter the citi- zens from obeyi 1mg the Confederate laws and render those under them liable to punishmuent if it should happemi that your opinion of their rights to exemption should be held erroneous by the courts. Without advertimig to the deplorable effect upon public opinion that must nec- essarily result fromu the publication of orders exhibiting a direct con- Ihiet between the Confederate and State Executives, may I not appeal to your candor for the admission thiat the rights of the State will be equally vindicated and those of the conscript be secured with less hazard to himself by an appeal to any competent judge for relief from the order of the Confederate officer? Will not the writ of habeas cor- pus be amuply effective to relieve him fromn personal constraint by the officers of thie Govermiment, if thiat constraint be unlawful? And if so, am I miot justified in the conviction that you will impon further con- siderai~on be satisfied that no public duty imposes on you the neces- sitv of intervening at this crisis of our fortunes in a mode which must greatly embarrass the conduct of the war? Pardomi mue for one more suggestion. I am informed that the exeniptiomis claimned as valid were ordained by your convention solely with reference to your State muili- tia; that the ordinance was passed before the passage of the conscript law, and without any reference to that law, amid that by its termus it. has no rehation to the armies of the Confederacy. I have no copy of the ordinance and am not aware of its terimis, but if mmiy information is correct it seems to furnish an additional an(l persuasive reason which may lead you to the conclusion that, in view of thie early meet- ing of your conveiition, you may well forbear the action imidicated in your letter, and which, in my ji~dginent, is greatly to 1)e deprecated. JEFFERSON I)AVIS. [SEPTEMBER 3, 1862.For Lee to Randolph, informing him of the many conscripts obtainable in the counties of Virginia recently vacated by the enemy, & c., see Series I, Vol. XIX, Part II, p. 589. Page 76 76 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP. GENERAL S OFFICE, No. 63. Richmond, September 4, 1862. All general staff officers who hold appointments as such in the C. S. Army, and who have received, or may hereafter receive, appointnients of higher grade in the line of the Provisional Army of the Confederate States, will immediately signify to this office their preference for one or other of these appointments, as both cannot be held by the same officer. By or(ler S. COOPER, Adjutant and Inspector General. [SEPTEMBER 5, 1862.For General Braggs orders in relation to the enforcement of the conscription law in Tennessee, see Series I, Vol. XVI, Part II, p. 797.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richino;td, Va., September 6, 1862. JAMES D. ARMSTRONG, Esq., Senate of Virginia: SIR: I have submitted your letter of the 1st instant to the President, and am instructed to say that he will be happy to accede to the wish of the General Assembly to transfer the State forces, nnder General Floyd, to the service of the Confederate States, so far as he can do so with a due regard to law. The conscript act prevents the formation of new corps from persons liable to military service, and the act authorizing the reception of troops in the service of any State applied only to regiments existing at the time of its passage. Under another act, however, the forces may be received as regiments and afterward organized into a brigade. Theact of the General Assembly authorizing the formation of the forces, requiring the exclusion of persons liable to conscription, it is presumed that no such persons have been intentionally received. The staff of the regiments should conform to that of the Provisional Army, and will be recomnmissioned. A brigade will be organized and a brigadier appointed, whose com- mission will date from his appointment. The companies should have a minimum number of sixty-four pri- vates, exclusive of persons liable to conscription, if any such persons should be found in them. This fact will be ascertained in mustering the troops into the Con- federate service, and any person who has misrepresented his age and enlisted in violation of bothb the State and Confederate laws will be enrolled as a conscript. The arms and accouterments will be taken at a valuation made by State and Confederate officers. The term of enlistment will continue as provided by the act of Assembly. Very respectfully, & c., GEO. NV. RANDOLPH, Secretary of War Page 77 CONFEDERATE AUTHORiTIES. 77 OFFICE SECRETARY OF THE SENATE, Richmond, September 8, 1862. his Excellency JEFFERSON DAVIS, President, & c.: SIR: I have the honor to transmit herewith a resolution which l)assed the Senate this day. JAMES 11. NASh, Secretary. [Inchsure.] Resolved, That the President be requested to communicate to the Senate, if not incompatible with the public interest, the number of troops each State has fur- nished to the Confederate Army since the commencement of the war. OFFICE SECRETARY OF THE SENATE, Richmond, September 8, 1862. I hereby certify that the above resolution passed the Senate this day. JAMES H. NASH, Secretary. [Indorsemeut.] Copy for Secretary of War. J. D. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 8, 1862. His Excellency JEFFERSON DAVIS, President Confederate States of America: SIR: I have the honor to acknowledge the receipt of a resolution of the Senate requesting you to inform them by what authority persons enrolled for military service nuder the conscript act are assembled and detained in camps of instruction before being ordered into actual service. It was supposed to be the intention of Congress to authorize what was indispensable to the efficient execution of the law. Conscripts coukr not be taken individually from their homes to the Army, and hence places of rendezvous were necessary. Those at the ren- dezvous could be well employed while waiting the arrival of their comrades in receiving military instruction, and thus the places of rendezvous became camps of instruction, and drill-masters, being authorized by law, were duly appointed. It was not supposed that Congress wished untaught men to be sent to the Army if opportunity were allowed to instruct them. The assem- bling of the conscripts rendered them liable to contract the contagious diseases, such as measles and mumps, usually known as camp dis- eases, and every consideration of policy and humanity forbade their being sent to the Army until sufficiently restored to endure the expo- sure and hardships of camp life. It was therefore considered neces- sary to organize hospitals at ~he camps. Conscripts drilled and seasoned add immediately to the strength of the Army, while raw men [without] knowledge, unused to exposure or hardship amid subject to disease, consume the subsistence of an army, crowd its hospitals, burden its transportation, and constitute an ele- ment of weakness. The advantages of preparation are so obvious that the Department considered camps of instruction a necessary part of our military sys- tem, and inasmuch as Congress had not only recognized them b Page 78 78 COLi~RESPONDENCE, ETC. express enactment, but provided drill-masters for them, no doubt could be entertained of the authority to establish such camps. The call for men, however, has been so importunate that the camps of instruction have been little more than points of rendezvous, and the unprepared condition of the conscripts has been felt as an evil and made the subject of comuplaint from the Army. It was never contemplated that conscripts should be detained a day after they were fit for the field, but it was hoped that they might be left a few weeks for preparation. Very respectfully, your obedient servant, GEO. XV RANDOLPh, Seerela 17] Of JVar. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. ~i4. Richmond, Sep/ember 8, 18G2. I. Conscripts in the employment of the Government who leave their employment without authority will be arrested as deserters on the order of the officer under whom they are employed. Conscripts working for contractors will, under like circumstances, be arrested as deserters by the enrolling officer of the district on complaint and proof by the contractor. II. The reception of substitutes under eighteen years of age is hereby prohibited. The reception of substitutes into partisan corps is prohibited, as is also the reception of substitutes into any company not fully organized and received by the Departmeiit. A substitute becoming liable to conscription renders his principal also liable, unless exempt on other grounds. III. Commissaries of subsistence in the field and at depots will transfer all the hides of slaughtered beeves to officers of the Quai- termasters Department, who will receive them and preserve the same to be tanned. IV. Commanders of army corps, regiments, amid battalions will ma~ to this office monthly returns of their respective commands on the forms furnished and according to the directiomis expressed on them. Officers in charge of canips of instruction will make to this office on the 10th, 20th, and 30th of each month returns of the state of the recruiting service, showing the number of commscripts enrolled in camp at the date of last report, the number emirolled and accepted during the period for which report is muade, the number semit forward to re 4ments, and the total remaining in camp. * * * * * * * * By order: S. COOPER, Adjutant an (1 Inspector. General. [SEPTEMBER 8, 1862.-For Lee to Davis, stating that The present position of affairs, in my opinion, places it in the power of the Govern- ment of the Confederate States to propose with propriety to that of the United States the recognition of our independence, & c., see Series I, Vol. XIX, Part I-I, p. 600.] * For paragraph V of this order see Series II, Vol. IV, p. 872 Page 79 CONFEDERATE AUTHORITIES. 79 CONFEDERATE STATES OF AMERICA, SURG. GEN. S OFFICE, Richmond, Va., September 8, 18(12. Savannah: SIR: I have to inform you that you are authorized to make arrange- inetits as complete as possible to effectually carry out the plaii ien- (lered necessary to be inaugurated by the Medical Department of collecting and preparing for use the medicinal herbs, roots, and barks so abundant in the southern latitudes of the Confederacy, and your attention is called to the propriety of at once making some simple cathartic pills, diarrhea medicine, and other mixtures for the ordi- nary diseases in camp. Doctor Park is an employed agent and now iu Savannah engaged in the work of gathering such herbs, & c., as are referred to above. You will please report to this Bureau as you pro- gress in this important work. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- (Jenerd (J. S. Army. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 65. Richmond, September 9, 1862. I. Each cadet in the C. S. service will forthwith report to the Adjutant and Inspector General, Richmond, Va., the State iii which he was born, the county and State whence appointed, and whether the appointment was at large, or from a Congressional district, his age at the date of his appointment in the Confederate service, and whether he was appointed to West Point, together with the date of such appointment and the date of his leaving. II. Promotions of company officers as such in the Provisional Army take place in the respective companies in which the officers are serv- ing, and not through the line of the regiment or battalionthat is, on the vae~incy of the captain the first lieutenant of the company will succeed, and the second lieutenant of the same company will be entitled to succeed to the vacancy created by the promotion of the first lieutenant. III. Paroled or exchanged prisoners, sick or wounded, in hospitals, who have not been furnished with descriptive lists will be iii~ist~red for payment upon the hospital rolls by surgeons in charge, upon their affidavit that they have not received pay for the period for which they claim it to be due and are not indebted to the Confederate Gov- ernment beyond the amount which may be stated. IV. All officers of the Subsistence Department will return to the commissary from whoni they draw subsistence all barrels and sacks. If they fail to return them they will be charged 75 cents for each bar- rel and ~1.25 for each sack V. The medical officers detailed by virtue of paragraph I, General Orders, No 58, current series, to examine conscripts at camps of instruction, will forward every week, through the commanding offi- cers, to the Adjutant and Inspector General, Richmond, the names in full of the conscripts received who are not equal to all military duty, but may be valuable in the hospital, quartermasters, or other staff department, in order that they may be detailed for those branches of the service. The previous occupation of the conscript will b Page 80 80 CORRESPONDENCE, ETC. reported, with a reconiniendation for any special duty for which he may appear suited. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, HOUSE OF REPRESENTATIVES, September 10, 1862. His Excellency JEFFERSON I)AVIS: SIR: I have the honor of apprising you that the House of Repre- sentatives this morning adopted a resolution, of which the annexed is a copy: Resolved, That the President be requested to inform the House, if not incom- patible with the public interests, the number and kind of arms and equipments issued to troops in the field and not issued; the number and kind of arms manu- factured per month in the Confederate States, with the average cost of such manufactured arms. * * * * * * * R. E. I)IXON, Cleric House of Representatives. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 10, 1862. his Excellency J EFFERSON DAVIS, President Confederate States of America: I have the honor to acknowledge the receipt of a resolution of the Senate, adopted on the 8th instant, requesting you to communicate to the Senate, if not incompatible with the public safety, the number of troops each State has furnished to the Confederate Army. I respectfully submit that the information cannot be furnished without disclosing the strength of our armies to many persons of sub- o4limmate position whose secrecy cannot be relied on. I beg leave to remind you of a report made in response to a similar omme from the Federal Con~mess, communicated to them in secret session, and now a part of our archives. While I have no reason to doubt the fidelity of any of the officers of the Senate or of the War Department, yet it may be well apprehended that some of them are not discreet enough to be trusted with information which cannot be divulged with adue regard for the public safety. With every possible desire to communicate the fullest information to Congress in reference to the strength, condition, and operations of the Army, I feel it my duty in the present instanc2 to suspend action omi the resolution of the Senate until their wishes are known and your instructions are received. Very respectfully, sour obedient servant, GEO. XV. RAINJ)OLPH, Secretary of War. RICHMOND, VA., September 11, 1862. The SENATE AND HOUSE OF REPRESENTATIVES: The circumstances necessarily surrounding an army operating in presence of an enemy render it inexpedientnext to impossibleto assemble frequent courts-martial, and to detail for them the bes Page 81 CONFEDERATE AUTHORITIES. 81 officers of the Army. The ordinary attendant of the circumstances referred to is frequent offenses against military discipline and tres- pass upon the property of individuals inhabiting the country. To correct these evils it is believed to be desirable that Congress should give authority to institute a commission to attend each army in the field, to be composed of men whose character and knowledge of the modes of administering justice would give the l)est assurance for the punishment of crime, the protection of private rights, and the security of the citizens of the country occupied by the enemy. Could courts-martial be assembled as frequently as occasion required, their functions nuder existing laws being limited to the consideration of offenses defined by the Rules and Articles of War, it will be per- ceived that a great variety of outrages against private rights might be committed of which a court-martial could not directly take cogni- zance. Under ordinary circumstances offenders in such cases would be turned over to the civil courts for trial. In a foreign country, or where the courts cannot hold their sessions, this is impossible, and in the case of a marching army would, for obvious reasons, be ineffect- ual. r1~he witnesses whose testimony is indispensable to conviction would generally follow the march of the army and be out of the reach of the courts. TIme powers delegated by the Constitution to make rules for the government and regulation of the land and naval forces, and to ordain and establish from time to time inferior courts, would seem ample to justify such legislation as is herein recommended, especially as the necessity for the ordinary forms of indictment and trial for capital and otherwise infamous crimes is expressly dispensable with by the Constitution iii cases arisino~ in the land or naval forces or in the militia when in actual service in time of war. JEFFERSON l)AVIS. STATE oF NORTH CAROLiNA, EXECUTIVE OFFICE, Raleigh, N. 0., September Ii, 18G2. lion. (~. W. RANDOLPH, Secretary of War: DEAR SIR: I respectfully request that you will not hereafter confer authority on persons to enlist soldiers within the limits of this State unless the applicant be indorsed by this department. Allow me, like- wise, to express the hope that it will not be deemed by you incompat- ible with the interests of the service to revoke such authority hereto- fore granted to others than citizens of North Carolina. Permit me to inquire whether late enlistments of citizens of this State residing beyond the Blue Ridge Mountains, made under the authority of Gen- eral E. Kirby Smnith, were authorized by you. If authorized by you I request that such authority may be rescinded; if not, that you will cause such enlistments to be discontinued. I make time above requests for the following reasons: Mnch confusion has been produced; many soldiers have been enlisted into the service of the Confederacy from this State without the State getting credit for the same as part of her quota of troops; the operation of the act of Congress known as the conscript act is much hindered, and it is rendered difficult, if not impossible, for the State to fill up its thinned regimnents already in service. Very respectfully, your obediemit servant, ZEBULON B. VANCE. 6 R RSERIES IV, VOL I Page 82 82 CORRESPONDENCE, ETC. Resolution in relation to the free navigation of the Mississippi River. Resolved, That the President be and is hereby respectfully requested to direct such of our military commanders as may at the time be in command of the respective columns of our forces, as soon as they approach or enter the territory of the United States bordering upon the Mississippi River or the tributaries thereof, to publish proclama- tions assuring the people of those States, as well as all others interested, of the free navigation of the Mississippi River, according to the provisions of an act of the Provisional Congress entitled An act to declare and establish the free navigation of the Mississippi River, approved February 25, 1861; and that said commanders cause to be published copies of said act with such proclamations. Approved September 12, 1862. EXECUTIVE OFFICE, Richmond, September 12, 1862. The SENATE OF THE CONFEDERATE STATES: Under the first clause of the sixth article of the Constitution, I entertain doubt whether it is intended that the officers either of the Regular or Provisional Army or of the Navy, appointed during the existence of the Provisional Government and confirmed by the Con- gress, require to be renominated and confirmed by the Senate, and I respectfully request your advice on this point. JEFFERSON DAVIS. ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, September 12, 1862. Hon. (4. W. RANDOLPH, Secretary of War: SIR: Pursuant to resolution of the House of Representatives, I have the honor to report the following as a list of partisan rangers thai hate been reported at this office to date: Number How organized. From what State. By whom commanded, of com- panies on file. 51st Regiment Alabama Col. J. T. Morgan 9 12th Battalion do Major Hundley 4 19th Battalion . Georgia Maj. C. T. Goode 4 20th Battalion do Maj. J. M. Milieu 2 15th Battalion do Lieutenant-Colonel Griffin. - 8 16th Battalion do Lieutenant-Colonel Nix 1st Regiment do Col. S. J. Smith 12 2d Regiment do Col. A. A. Hunt 1 16th Battalion South Carolina Lieutenant-Colonel Aiken. - 7 9th Battalion Louisiana Lieutenant-Colonel wing 8 field. 581h Regiment North Carolina Col. J. B. Palmer 7 59th Regiment do ColonelFerebee 1 62d Regiment Virginia Colonel Imboden 1 24th Battalion do Maj. John Scott 3 27th Battalion do Major Edmund8on 5 In addition to the foregoing, the following companies have forwarded rolls to this office: - Alabama.Capt. B. J. Wests company, Capt. A. W. De Bardele- bens company, Capt. T. H. Lewis company Page 83 83 CONFEDERATE AUTHORITIES. Florida.Capt. John Westcotts company, Capt. J. Q. Stewarts company, Capt. W. J. Robinsons company, Capt. S. W. Mays corn- pany, Capt. P. B. Birds company. Nor/h Carol imo.Ca Pt. T. W. harris company, Capt. D. S. Davis company, Capt. F. G. Pitts company, Capt. A. Mclntires company, Capt. A. B. Coxs company, Capt. J. B. McClenahans company, Capt. J. T. Mitchells company, Capt. J. L. Lawrences company. MississippiCapt. G. E. Tolas company, Capt. J. M. Poitevents corn pany. Lou isiana.Capt. W. B. Densons company. Virqiniu.Capt. L. R. Smoots company. South Caroliua.Capt. J. Ii. Brooks company, Capt. M. J. Kirks corn pany. (Jeorgia.Capt. E. C. Andersons company, Capt. W. L. Marlers company. I have the honor to be, very respectfully, & c. COOPER, Adjutant and Inspector General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 66. Richmond, September 12, 18b2. I. Agreeably to paragraph I, General Orders, No. 56, current series, declaring that military commanders have no authority to suspend the writ of habeas corpus, all proclamations of martial law by gen- eral officers and others, assuming a power vested only in the Presi- dent, are hereby annulled. II. Conscripts employed at the Government workshops of the Ord- nance Department will not be interfered with by enrolling or other officers. All proceedings in reference to them will be made through the commanding officer of the ordnance establishments. III. All conscripts or detailed or hired workmen engaged in such establishments will be provided with passes, signed by the officer imnm~liately in charge and countersigned by Col. J. Gorgas, Chief of Ordnance. IV. The superintendent of the Niter and Mining Bureau, or such officers as he niay designate, are authorized and required to impress for the Goveriunent any mineral mines or niter caves or deposits required for the wants of the service, in all cases where such mimics, caves, or deposits are suffered to remain unworked, or which may be imperfectly worked by the owner or lessor. Compensation for ore, earth, buildings, timber, and all materials necessary for such work thus taken amid used may be settled by private agreement or by arbi- tration, under the direction of the Niter amid Mining Bureau. V. Enrolling and recruiting officers, in the discharge of their duties under the comiscript or other acts, are enjoined not to remove or inter- fere with workmen or employ~s at the niter, lead, or copper works, or mines worked by Government officers, or by contractors for the Ord- nance Department, withput first apprising and obtaining time consent of the superintendent or officer in charge, who will be held strictly responsible for any abuse or evasion of the law. VI. Through an error in the printed text of the Army Regula- tions of the Confederate States, quartermasters have allowed to servants issues of fuel and straw, & c. All officers of the Quarter- masters Department will hereafter take notice that such allowance Page 84 84 CORRESPONDENCE, ETC. are illegal and will not be admitted in accounts 1)assing through the Quartermaster-Generals Office. liv order: S. COOPER, AdfuUud an U In spector General. (4ENERAI~ OnDEns, ADJT. ANI) INSP. GENERALS OFFICE, No. (37. Richmond, September 13, 1862. I. Different constructions having beeii placed on paragraph III, General Orders, No. (35, current series, it is hereby declared that it only applies to paroled or exchanged J)risoners who are sick and wounded in hospitals, and who have not been furnished with descrip- tive lists. II. The Surgeon-General, the Quartermaster-General, the Commis- sary-General, and the Chief of Ordnance will cause an immediate and thorough inspection to be made in all the branches of their sev- eral departments, and will report to the Adjutant and Inspector General the number of able-bodied men of conscript age now in (lepartinent employ whose places can be filled by conscripts accepted for such duty under the requirements of paragraph III, General Orders, No. 38, current series. III. Surgeons in charge of hospitals, assistant quartermasters assistant commissaries, and ordnance officers having in their employ able-bodied men of conscript age, whose places can be filled by con- scripts enrolled under paragraph III, General Orders, No. 38, current series, will report the facts to the nearest enrolling officer, who will cause an exchange to be made, and will order the soldiers thus relieved from department employ to duty with their commands. IV. hereafter nO new details which will separate able-bodied men from their regiments will be made for duty in the hospital, Quarter- masters, Commissary, or Ordnance Departments. By order: S. COOPER, 4 d~utant (tn(l in spector General. (ONFEDEICATE STATES OF AMERICA, WAR I)EPARTMENT, J~1Es MAGEE, Richmond, Septern bei 16, 1862. British Consul, illobde, iila.: Sm: In reply to your letter of tile 20th ultimo, I have tile honor to say that foreigners are not subject to conscription uiiless permanent residents of the Confederate States, and are invariably discharged when improperly enrolled. The necessary instructions Oil this point have been given to the enrolling officers, but mistakes will sometimes be made, and the Department has never yet failed to discharge a foreigner where the consul, after examination, reported that lie was not domiciled in the Confederate States. I inclose a copy of a telegram sent to you on this subject. * Your obedient servant, GEO. NY. RANDOLPh, __________ Secretary of TVar. * See August 26, p. 70 Page 85 CONFEDERATE AUTHORITIES. 85 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 68. Richmond, September 1~, 1862. I. A board of officers will convene in this city to cxamine applicants for appointments as artillery officers for ordnance duty. rrhe Board will consist of Col. T. S. Rhett, Provisional Artillery, on ordnance duty; Maj. S. Stansbury, Provisional Artillery, on ordnance duty; Capt. Benjamin Sloan; Supt. W. Le Roy Brown. Captain Sloan will record the proceedings of the Board. The senior ofticer present will act as president, and will cause due notice to be given of the days and place of meeting of the Board, which will sit from time to time as can- didates may apply for examination. The requisites to pass the exam- ination will be: First. An ordinary English education. Second. A knowledge of arithmetic, including fractions. Third. A knowledge of the Field Manual prepared under the (lirec- tion of the Ordnance Bureau. Fourth. The Board will also examine the credentials of the appli- cants and take into consideration prior services tending to qualify them as artillery officers. Fifth. The Board must satisfy themselves of the moral character of the candidates, and especially of their habitual sobriety, and they will pass no one physically unfit for the duties of an ordnance officer in the field. After such examination as the Board thinks necessary the candi; dates will be arranged according to a roll of merit based upon exam- ination and testimonials recommending them to such grade as they deem them qualified for, not above the grade of captain, the promo- tion to higher grade being dependent on vacancies in the field or at arsenals. II. Paragraph III, General Orders, No. 65, current series, modified by paragraph I, General Orders, No. 67, is extended to embrace all soldiers sick in hospitals or on furlough. III.. All enrollino~ officers are hereby expressly prohibited from enrolling as conscripts foreigners not domiciled in the Confederate States. By domicile is meant permanent residence. By order: S. COOPER, JI(~jUt(Ii~ / (1 [uspeetor General. [SEPTEMBER 15, 1862.For Randolph to Mitchell, in relation to the receipt and disposition of arms, & c., see Series I, Vol. XIII, p. 881.] EXECUTIVE DEPARTMENT, Raleigh, N. 0., September 1(S, [1862]. Hon. WELDON N. EDwARDS, Ridgeway, N. C.: DEAR SIR: I hear that .an application has 1)een made to you by sev- eral delegates to call the convention together again for the purpose of rectifying some omissions in the constitutiomi. I have not investigated the subject sufficiently to judge of its necessity upon that ground, but I beg leave to join in the call for other reasons. Extortion and speculation have attained such proportions that I find on investiga- tion it will be impossible to clothe or shoe our troops this winter without incurrimmg a muost enormous outlay an(l submittimig to mos Page 86 86 CORRESPONDENCE, ETC. outrageous prices. The cotton and woolen factories have advanced their prices to an nnheard-of extent, and refuse to make contracts which would prevent them from raising next week if they saw proper. The price of common shirting, for example, is 50 cents per yard. It requires 1,000,000 yards to furnish each soldier two shirts and two pairs drawers, which is the winter allowance. This you will see amounts to 500,000 simply for underclothing. When you take iii the shoes and clothing (coat~ and pants), which have advanced in the same ratio, the sum will be almost incredible. By calculations sub- mitted to me by intelligent gentlemeui it appears that 25 cents per yard for cotton cloth will actually pay the mill owners near 300 per cent. The cry of distress comes up from the poor wives an(l children of our soldiers, also, from all parts of the State. If those prices bear so hard upon the Government, what will become of them when in addi- tion we consider the enormous rates at which provisions are selling? It is a subject that distresses me beyond measure, the more so as I feel powerless to remedy any of the evils. The Legislature, if convened, would be cramped and hampered by the forces of the constitution. The convention alone can properly take the matter in hand, and save our country and army from suffering and ruin, if, imideed, anything can rescue them from the ungodly and inhuman spirit of avarice which is rampant in the land. In view of these and many other suggestions which I cannot elabo- rate in a brief letter, but which have no doubt been apparent to you for months past, I feel it my duty to urge it upon you to assemble that body together as soon as possible, to adopt such remedies as it may think best for the disorders of our country. Its business might be easily gotten through with before the Legislature assembles, so that there would be no conflict between the two bodies. Earnestly hoping, sir, that you may concur with me in the propriety of this order, as I know you do in the desire to relieve, if possible, the burdens of our people, I remain, with sentiments of sincere regard, your obedient servant, Z. B. VANCE. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. {9. Richmond, September 19, 1862. I. The adjutants of the regiments throughout the Army will inquire into and report all cases of slaves serving with their respective regi- ments without written authority from their masters. rrhe names of such slaves and their masters will be forwarded to the office of the Adjutant and Inspector General, to be published in the newspapers. 11. Tbe prohibition of the exportation from Virginia of wheat, flour, bacon, and corn does not extend to seed wheat. r1~herefore in all cases where the commanding general of the department through which it is desired to export wheat shallThe satisfied that it is intemided for seed and not for consumption, he shall permit it to pass. * * .* * * * * IV. Paragraph V, General Orders, No. 41, current series,* is hereby revoked. By order: S. COOPER, Adjutant and Inspector General. *See Vol. I, this series, p. 1189 Page 87 CONFEDERATE AUTHORITIES. 87 EXECUTIVE DEPARTMENT, Montgomery, Ala., September 19, 1862. Hon. GEORGE W. RANDOLPH, Secretary of TVar: SIR: I have the honor to acknowledge the receipt of yours of the 11th instant, inclosing copy of a letter from Maj. W. T. Walthall advising your Department that actual or threatened resistance to the execution of the conscript act in Randolph County had been reported to him, and requesting my opinion as to the best mode of avoiding l)loodshed in the execution of the law, with the offer that in case the State authorities could accomplish this object better than the Confed- erate officers your Department would furnish any force that might be required to act as a posse under the State officers. I would beg leave to call your attention to the fact that the enrollment of persons sub- ject to conscription has not been committed (so far as Alabama is concerned) to State officers, but that this duty from the commence- ment has been discharged and directed solely by Confederate officers, and under these circumstances I question the policy of calling in State officers at this time merely for the purpose of enforcing it; the more especially as neither the Executive of this State nor any of that class of officers are invested with the power of enforcing other than its own laws. Entertaining, however, the firmest conviction as to the policy and necessity of a prompt, rigid, and equal execution of the act in every part of the State, I am of opinion that in case there is reasonable grounds to believe the statements reported to Major Wal- thall are true, a cavalry force should at once be ordered out sufficient to put down resistance and arrest the ringleaders. This I have but little doubt could be effected without bloodshed, but the law should be enforced at every hazard. I shall feel it my duty to exert every moral influence to sustain it; will issue my proclamation and send a special aide-de-camp with the force that may be sent in order to incul- cate submission and obedience, and if possible to prevent the shed- ding of blood; but at the same time I deem it important that those who think they can oppose effectual resistance to the law should understand clearly and distinctly that it will be enforced. Very respectfully, your obedient servant, JNO. GILL ShORTER, Gore juor of Alubama. 3 RUE DE LUXEMBOURG, l~ARI5, September 19, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War, Confederate States of America: SIR: Mr. A. T. D. Gifford and myself, having been intrusted by the Ordnance, Quartermasters, and Surgeon-Generals Departments, respectively, with orders to a large amount to be purchased in Europe and shipped to the Confederale States, I beg leave to lay before you the following statement: These orders were handed to us in the months of October and November, 1861. Immediately on receipt of the two last Mr. Gifford sailed from Savannah in the steamer Bermuda, which, successfully eluding the blockading squadron, arrived on the 26th of November at Havana, and thence directly to London. I left Richmond, Va., on the 9th of November for Charleston, hoping to find a steamer for Europe, and after several days delay proceeded to Savannah. A Page 88 88 CORRESPONDENCE, ETC. this last place, however, the Fingal had just forced the blockade with a valuable cargo, and the enemy had redoubled their squadron. I then determined to go to New Orleans, when, after a delay of six weeks and many disappointments, I took the steamer Calhoun and reached Havana safely, and from thence to Southampton, which last I reached on the 15th of February of the present year. here I was met with the intelligence that my friend and a~sociate, Mr. Gifford, had saile(l from London on the 24th of December in a steamer fitted out with a valuable cargo for the Confederate States. She was owned by the great house of William S. Lin(Isay & (Jo., Lomulon, into whose liamids Mr. Gifford had placed the orders. I at once communicated with them, amA was informed that Mr. Giffor(I had left Mr. Stringer, the active member of the firm, as his representative, which was entirely agreeable to inc. Limmdsay & Co. were then in expectation of hearing of the armiva.l of Mr. Gifford an(l his cargo, and indeed had begun to expect his return to Emiglamid. They assured mne that as soon as either of these occurred time whole of time orders would be at once executed, but they and the other parties interested preferred first to be sure of the success of the shipment they had made. This seemed reasonable, and I awaited with them in anxious suspense until the month of April, when the conclusion was irresistible that the steamer and all on board was lost. They then declimied to fit omit or participate in another shiI)memit. I, hoivever, succeeded in muaking a contract with Emile Gautherin, esq., a gentleman and umerchamit here of high stand- ing an(l credit, as was represented to mne on all sides, for the prompt execution of time order bearing date Noveniber 3, 1861, and signed by Colonel Gorgas, chief of the Ordnance Bureau. This contract emitered into by Mr. Gautherin was made imi dime legal formn, amid about a fort- night thereafter Mr. G. represented to me that thie cargo was bough~t, the steamer procured, amid in a few days she would be ready to sail. It was my purpose to hiave gone in her, amid Mr. Shidell, whmo had been cognizant of time comitract, was formally notified by Mr. Gautherin to make ready his dispatches. Week after week passed away, and vari- ous pretexts were given for time delay of the shmipmiment, and finally I beg~mm4 to suspect that there was ami imitention omi time part of Mr. Gautherin and his associates to abamidon the emiterprise. They still, however, continued to ~m be soon dispatchied. b ~ve mue the assurance that time steamner would On the 1st of September omily was I emmabled to force fromn him the fact that thiey hiad determined miot to conform to their bindimig con- tract, although they had held time order for more thiami four mouths, thus cutting inc off from negotiations with other parties for its fulfill- ment. Thus I was baffled a secomid time, without fault of mine, in fulfilling time orders intruste(l to me. It is, hiowever, possible that I may yet effect something, in which case I shall rely upomi thme equity of the Departmncnt to accept time shipments amid not hold me to the hiumitation of timne stipulated in the orders. I have deemned it due alike to the Departmemmt and myself to make this statemmient of facts, and would ask leave to accompany it with some views which I think will commend themselves to your judgument. The great difficulty in negotiating orders of this nature is and has been that the risk is all thrown upon time shipper, and that the rate of insurance to cover this risk has been and will continue to be, so long as the Southern ports are blockaded, and so long as England tamely subniits to time outrages commimitted upon her commerce and fla~ ~ imi and micar 11cr ports of BerlIImI(ha and Nassau by time 11. 5 Page 89 89 CONFEDERATE AUTHORITIES. squadron, too enormous successfully to invite capitahsts to enter into any such enterprises, even at the most liberally stipulated prices. Indeed, they do not hesitate to avow that they prefer to take the chances of running in and, from the necessities of the country, com- manding far more exorbitant prices. To avoid, therefore, this ruin- ous and at best not very reliable system, I think I can show you how it may be replaced by a much more advantageous, creditable, and reliable one. Let the Governmeiit place its bonds or other securities in France and England as collateral security for the advances upon authorized purchases, or whatever it may require from al)road. Upon this basis a substantial and available credit could be es~tablished, pur- chases could be made at the regular market valuations, and the con- sideration for these advances would not exceed 8 per cent. per annum. When such purchases are made the shipments could be effected at the current freights. In addition there would only be the usual policy of insurance and against capture. rf his last is high now, and may continue so until the obstacles are removed to which I have referred. If the Government prefers to insure against the misk, especially cap- ture by the enemy, it can afford to pay evemi the present enormous rates and still save from 75 to 200 or 300 per cent. The late favorable change in our national fortunes will have the inevitable effect of reducing these rates. But suppose the Government chooses to become its own insurer? In this case it will be placed upon an equality with other nations, paying only the prime costs for its purchases, with the addition of 8 per cent. per annum for its advances, and mf reasonably successful in the shipments would save millions. Now, with respect to the feasibility of making such arrangements for the credit or advances to the Confederate Government, I assure you the arrangement could be effected immediately with most respon- sible bankers here and in England. Indeed, it has been seriously proposed by bankers here that they should becomne bankers of the Confederate States, disbursing all sums needed by them for purchases, & c., and from time to time to fulfill their orders for the interest of 8 pci cent. in account current, the interest to run fromn date of disburse- ment~ind payable semi-annually, the Confederate Government placing their own bonds or such other valuable securities as a guaramutee for the final payment of the advances thus made. If more conveniemit, a few bonds covering the amount required would be accepted upon the condition of converting the same for smualler ones at time option of the party when circumstances allow it. Another advantage incident upon such an arrangement would be that the bonds of the Government thus placed in France or England would be in tIme inmature of a financial recognition, and prepare time way for all future transactions of the Confederate States abroad. In the course of mny efforts to have mny contracts executed I have been brought imito communication with many of the most responsible and intelligent business men here, and I respectfully submit the convictions that have been produced upon my own mind to you, and thutugh you to the Government for consid- eration. Should these views be emitertained favorably, I would gladly undertake the purchase~ upon this basis, in conjunction with Mr. Pecquet, of New Orleans, who has been living in Paris for some years, and whose acquaintance and connection, as well as intelligent busi- ness qualities, would greatly facilitate such a project. The commis- sion allowed to us could be fixed by the Government. I am, with high respect and warm personal esteem, your friemid an(I obedient servant, I I EVERLY TUCKE Page 90 90 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, NAVY DEPT., Richmond, September 20, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War: SIR: Your last letter to me upon the subject of detailing men from the Army for the naval service, upon my application, was as follows: The evil of granting details from the Army has beconie so serious, and the complaints of the generals so great about this evil, that it is deemed inexpedient to grant any more for the present. It is from these considerations alone, and not from the least shadow of personal or official discourtesy, that your recent applications for details from the Army to the naval service have been held in abeyance. Concurring with you fully, I have not since asked for the detail of men, but have in a few instances informed you of special cases and left the mimatter to your judgment. From our conversation on yester- day, I feel at liberty to renew applications for details of workmen and for discharges of seamen, to be shipped in the naval service, and therefore request that General Finegan, of Florida, may be directed to release a few men, to be shipped in the Navy by Lient. Commander Catesbv Ap R. Jones, in command of the steamer Chattahoochee, who is endeavoring to ship a crew. One of the Florida regiments, in service at Mobile, has many seamen who are anxious to enlist in the naval service. I request that the commanding general at Mobile may be also instructed to discharge such seamen wanted for the naval service there by Admiral Buchanan as may be willing to ship in the Navy, and that General Beauregard may be directed to extend the same aid to Capt. D. N. Ingraham, at Charleston. With much respect, your obedient servant, S. R. MALLORY, Secretary of the Navy. [SEPTEMBER 20, 1862.For Letcher to Virginia house of Delegates, giving information in regard to the executiomi of the act authorizing the raising of a force of 10,000 men for the defense of the Common- wealth, see Series I, Vol. LI, Part II, p. 620.] AN ACT to provide for the further issue of Treasury notes. The Gongress of the Gonfederate States of America do enact, That the Secretary of the Treasury be and he is hereby authorized, from time to time, to issue, in addition to the bonds, certificates of stock, and Treasury notes already authorized by law, such additional amount of the same as may be required to pay the appropriations made by Congress, at its last and presePit sessions, to be issued under the same forms, conditions, and restrictions as are or may be provided by the first section of the act entitled An act to provide further means for the support of the Government, approved April eighteenth, eighteen hundred and sixty-two; the bonds and certificates of stock to be issued in preference in all cases where they can be used; and where they cannot, the deficiency to be supplied by Treasury notes. SEC. 2. That the authority given to the Secretary of the Treasury, in the second section of an act entitled An act to provide furthe Page 91 91 CONFEDERATE AUTHORITIES. means for the support of Government, approved April eighteenth, eighteen hundred and sixty-two, to issue in exchange for Treasury notes, bonds or certificates to be reconvertible in the same, at the pleasure of the holder, shall be extended from fifty millions to one hundred millions of dollars; but the said authority shall be exercised under all the conditions and limitations prescribed in the said act. SEC. :3. rrhe Secretary of the rfreas1h1~y is authorized to pay annually the interest accruing, on the first of January, on all interest-bearing rrreasnl.\T notes, and to make all proper regulations in relation to such payment: Provided, That until six mouths after a treaty of peace, such payment shall be made in Treasury notes not bearing interest. SEC. 4. The issue of Treasury notes under the denomination of five dollars is authorized to be extended to ten millions of dollars. Approved September 23, 1862. AN ACT to provide for the payment of certain claims against the Confederate States in the State of Missouri. The Congress of the Confederate States of America do eiw ci, That all officers and soldiers belonging to the Confederate States serv- ice who were enrolled into said service under the coumiand of Maj. Gen. Sterling Price, in the State of Missouri, shall be allowed by the quartermasters of the respective corps in the Confederate Army to which such officers and soldiers may belong, compensation accord- ing to the laws of the Confederate States for that period of their serv- ice between the time of such troops having been actually enrolled in the Confederate service and the time of their regular acceptance by the proper authorities as Confederate troops. SEC. 2. All officers and soldiers of the Missouri State Guard, called into the service of the Confederate States by the order of any com- manding officer of the Confederate Army, and rendering service to the Confederate States nuder any agreement niade between the authori- ties of t.he State of Missouri and those of the Confederate States, shall receive the same pay for the time during which such officers and soldiers may have been in such service as they would have been entitled to receive if belonging to the Confederate Army: Provided, howecer, That all staff officers belonging to said Missouri State Guard shall only receive for their services the same compensation with staff officers discharging like duties in the Confederate Army. SEC. 3. Before any officer or soldier shall be entitled to receive pay umider the provisions of the two preceding sections, lie shall present to the officer to whom he may apply for payment a certificate sigmied by the commandant of the (livision, brigade, regiment or battalion to which lie may have belonged at the time of the reriditiomi of service, which certificate shall state the precise period during which such officer or soldier was in actuai service, as contemplated in the first and second sections of this act: And provided, farther, That the said officer or soldier shall file with the disbursing officer with whom his application for payment may be made his affidavit that the period stated in said certificate is the true and correct time of his actual service as aforesaid, and that he is not indebted to the Confederate States on amiy account whatever; and thereupon it shall be the duty of any officer charged with the paymuent of troops to pay such claim. Approved September 23, 1862 Page 92 92 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP~ GENERALS OFFICE, No. 70. f Richmond, September 23, 1862~ I. Non-commissioned officers and privates receiving an honorable discharge shall be entitled to transportation home on the certificate of the commandant of their company; or in case they cannot com- municate with him, on their own affidavits that they weiit from their homes to the place of enlistment for the purpose of enlistment. II. Applications for leaves of absence, furloughs, discharges, and transfers from persons in and about Richmond, who froni sickness or other cause cannot communicate with their immediate commanding officers, will be made to Maj. Gen G. W. Smith, and will not be cOn- sidered by the Department except on an appeal from his decision. He will prescribe the mode of examination in cases of alleged physical disability, aiid will submit to the Department applications for trans- fers to and from troops not under his command. III. Commanding officers are directed and will be required to exam- inc promptly the returns of their commissaries, whether the issues were made by direction of their predecessors in command or under their own direction. IV. Applicants for the rank of captain of artillery in the Ordnance Department, in addition to the subjects mentioned in paragraph I, General Orders, No. 68, current series, will be examined upon the ele- ments of algebra, plane trigonometry, mechanics, and chemistry as applicable to projectiles and ordnance. By order: S. COOPER, A (Ijut a at and In spector General. STATE OF FLORIDA, EXECUTIVE DEPARTMENT, Tallahassee, September 23, 1862. His Excelleticy JEFFERSON DAVIS, President of the Gonfederate States: SiR: Your esteeme(l favor of the instant was received by due course of mail, and it afforded me much pleasure to kmiow that you appreciated the efforts which I have made to sustaiii your admuinistra- tion of the Government in the maintenance of the war amid its general policy. You are apprised that in Florida a very large niinority were opposed to secession, and in many parts of the State comul)inations existed to adhere to and maintain the United States Govermimuent, and even now in some portions of the State there are men who would eagerly seize any opportunity that promised success to the United States. The success of our arms has reduced very considerably time large number of Unionists. Frankness, nevertheless, requires me to say that in somne instances the enforcement of the conscript act has had a most unhappy effect, atid chiefly because of the order which requires invalids to be brought to the camp of instructiomi for exami- nation. Those capable of rendering military service had generally been brought into service. I have no idea there will be 300 able- bodied mnen obtained by the act. The great majority now in camps are invalids; never will be able to remider efficient service upon the field, in hospitals, or in amiy of the departmnents of the Goverumnent, and at home would be of 5ome service in taking care of amid comufort- ing womnemi amid children. The camp of imistruetion has more tIm Page 93 93 CONFEDERATE AUTHORITIES. appearance of a camp provided for those afflicted with lameness and diseases than a military camp, and I would most respectfully suggest that those in it physically able should be permitted forthwith to volunteer and aid in completing the incomplete organizations now here in Confederate service, and those who are not able to perform military service should be discharged and provided with the means of returning home. I am much pleased with General Finegan. He is industrious and emiergetic, and superior in those respects to his predecessors, and we co-operate most agreeably; and although we occasionally differ in opinion, yet not unpleasantly. He has recommended that the ten companies of cavalry should be organized in a regiment and asked the privilege of raising more cavalry. I do not believe a regiment should be organized; that as independent companies they will be much more efficient, because, scattered as they are from one extreme of the department to the other, the captains of companies, feeling their exclusive responsibility, will be more vigilant and energetic, and when two or three companies shall be required to act together the senior captain could command. It has been seldom that any two companies have been associated upon duty; but, as eight of the com- panies have been in service a considerable time, and many of them reorganized under the conscript act, if made to compose a regiment they should be allowed to elect their field officers. I have the honor to be, very respectfully, JOHN MILTON, Governor of If lort(ia. P. S.Within the last four hours enrolling officers have reported to me that a greater number of men, al)lC to perform niilitary service, have evaded them than the nuniber of men capable of being useful which they have enrolled, and that, moreover, those men cannot be brought into camps without force, which they will resist. Under existing circumstances a resort to force may lead to most injurious consequences. I do not hesitate to say that if permitted to come in as v~unteers, within thirty days after authorized to receive them as volunteers, those who have assumed a hostile attitude will volunteer and make reliable soldiers and promptly move wherever ordered. In Washington County forty men have been enrolled, and I am informed only three can be brought into camp. Two weeks ago they were informed they would be received as volunteers, and twenty of them marched fifty miles and volunteered, and the rest were pre- paring to come when it was ascertained that the offer to receive them was the result of a telegraphic mistake, and the tweuty escaped to their comrades. In connection with this subject your attention is respect- fully invited to the within copy of a letter fromii miie to our Senators and Representatives. ~. M. [Inclosure.] STATE OF FLORIDA, EXECUTIVE DEPARTMENT, Tallahassee, September 11, 1862. HONORABLE SENATORS AND REPRESENTATIVES OF THE STATE OF FLORIDA, RICHMOND, VA.: GENTLEMEN: I have read the report of August 12, made by the Secretary of War to His Excellency Jefferson Davis, President of the Confederate States. You will excuse me, when you reflect upon th Page 94 94 CORRESPONDENCE, ETC. relative position of Florida to other States aiid our extended sea- coast, for inviting your attention to facts relative to that portion of his report in which he recommends that millers, tanners, and salt- makers should be included in the exemption act. It would be a wise exemption if confined to such as should be authorized by State authority, and that authority should be prudently, impartially, and wisely exercised; otherwise privileges may and will be abused to the detriment of the public service. Since the enactment of the con- script act many able-bodied men from adjacent States and this State have repaired to the coast of Florida, under the pretense of making salt, and to be secure in their labor some have been treacherous enough to hold intercourse with the enemy; others have been lazy loungers, more anxious to avoid military service than to make salt. There are honorable exceptions, patriotic men, who have labored in good faith to make salt, and perhaps regret the necessity of having to charge their fellow-citizens $10 per bushel or 20 cents per pound for it. As it respects tanners being exempt, I know at least one tan- nery to which a shoe factory is attached, of which, according to infor- mation that I have received, and which I believe to be true, the pro- prietors have purchased raw hides, and employed shoemakers and other laborers at prices which prevailed previously to the war, when they sold the same kind of coarse shoes for $1.25 per pair, which they now sell [at] $5 and $6, and would gladly sell at $10. If millers, tan- ners, and salt makers shall be exempted from military service, it should be upon the condition that grain, cloth, leather, shoes, and salt manufactured by them should be sold at reasomiable prices; maxi- mum rates should be established, otherwise many anxious to avoi(l military service will not only be authorized to do so, but to make and dispose of the prime necessities of life at exorbitant prices to less for- tunate fellow-citizens, to the wives and children of those fightiiig for their rights, and to the widows and orphans of soldiers who should be respected and protected, not only from the abuses of the enemy, but from extortions of heartless villains who would barter the liberties of the country for a mess of pottage. I l~ow three men who resided in the same neighborhood. Two of them were among the first to volunteer; one of the two was killed in battle; the other wounded and his health became so much impaired that he was honorably discharged. The third man refused to volunteer; remained at home an advocate and braggart of States rights and lib- erty. Wbeu the conscript act passed there was no clause in it exempt- ing wounded soldiers who were disabled in battle and had been dis- charged as inefficient for military service. Such soldiers should have been exemptedat all events, should have been saved the painful necessity of being forced as conscripts into canips of instruction to be there again discharged. The wounded soldier, not yet able to perform the duties, but anxious to render service to the country and avoid the reproach to which conscripts by the thoughtless are subjected, hired a substitute to go into the ranks. The braggart, healthy, able-bodied, and wealthy, and in times past known as a rampant secessionist, has neither volunteered nor s,ent a substitute, but has hitherto avoided the enrolling officer by resorting to the coast under the pretense of making salt. Shall the skulking coward be favored by a legal exemption, while wounded and discharged soldiers shall be forced as conscripts into camps of instruction? Since I have commenced to write I have been informed of ten able- bodied men associated under the pretense of making salt, who for th Page 95 CONFEDERATE AUTHORITIES. 95 last six weeks have been upon our coast without having made a bushel of salt, dodging from place to place to avoid being made conscripts, and say that they would rather die than to be disgraced by being made conscripts, and doubtless would as willingly be hung as traitors as die in battle vindicating the rights of freemen. No man should be exempt from military service for his private benefit, and foreigners residing and doing business within the Confederate States should not be exempt in this war, as they are preying upon tho necessities of the people and making gain thereby. Instead of a conscript act, or an act drafting men, the law should require all men capable of bearing arms to maintain the Government of the Confederate States pending the war with the United States, and the brave men of the South will soon conquer the enemy and command the high consideration of for- eign nations, and thus secure, by suitable treaties regulating commerce, what shall be necessary to our enjoyments. I have the honor to be, very respectfully JOhN MILTON, Governor of Florida. CIRCULAR.] CONFEDERATE STATES OF AMERICA, SURGEON-GENERALS OFFICE, Richmond, Va., September 24, 1862. Medical directors and purveyors are herein required to cause to be made, by competent medical officers, an immediate and thorough examination of all nurses, ward-masters, cooks, clerks, and employ6s serving in their respective districts and depots, and will forward to this office without delay a report specifying the name, rank, regiment, company, and occupation of such able-bodied men of the above whose places can be filled by conscripts incapacitated for active military serv- ice, but accepted for other duty, under requirements of paragraph III, General Orders, No. 58, current series; from Adjutant and Inspector Generals Office. S. P. MOORE, Surgeon- General C. S. Army. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 224. * Richmond, September 25, 186:3. * * * * * * II. Licut. Col. J. F. Gilmer, of the Engineer Corps, C. S. Army, is assigned to the charge of the Engineer Bureau. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. CONFEDERATE STAIES OF AMERICA, WAR DEPARTMENT~ Richmond, Va., September 26, 1862. His Excellency JEFFERSON DAVIS, President Confederate States of America: SIR: I have the honor to inclose a copy of a resolution of the Senate of the 16th instant and to say that 2,718 conscripts are reported a Page 96 96 CORRESPONDENCE, ETC. enrolled and brought into service in the State of Georgia, but that the number of enrolling officers engaged in collecting the conscripts, and their cost to the Government, has not been reported. It is proper to add that the Department, not being satisfied with the manner in which the ditty of enrolling and collecting conscripts in Georgia has been conducted, has superseded Maj. John Dunwody, and assigned Lient. Col. John B. Weems to the command of the conscript camp in that State. Very respectfully, your obedient servant, GEO. W. RANI)OLPH, [Inclosure.] Secretary of War. Resolved, That the Secretary of War be requested to inform the Senate what has been the whole number of troops in the State of Georgia enrolled and brought into service by conscription; what has been the number of officers and men engaged in collecting said conscripts, and what has been their cost to the Govern- ment. If an answer cannot now be given with correctness and certainty an answer approximately requested. OFFICE SECRETARY OF SENATE Richmond, September 16, 1862. I hereby certify that the above resolution was adopted by the Senate to-day. JAS. II. NASh, Secretary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Col. A. ~. MYERS, Richmond, Va., September 26, 1862. Qttartermaster- General: COLONEL: Governor Letcher informs me that there are a number of shoemakers in the penitentjary of Virginia who will be set at work for the Army if the Confederate Government will furnish the leather. Ilave you more leather than is necessary to employ your own work- mem4? If so, report the fact to me and I will make arrangements with the Governor to secure the services of the penitentiary. He requested inc to communicate with him to-day. You will oblige me, therefore, by a speedy report. It has beemi suggested to me that san- dals, or shoes like moccasins, might be immade of rawhide in sufficient numbers to supply the temporary and inunediate wants of the Army. If this is practicable the penitentiary hands might be profitably employed in the manufacture of such shoes. I must request that you will inquire into and report upon this matter without delay. Dispatches from General Lee inform 115 that the army is in great want of shoes and clothing, and that its efficiency is impaired by its destitution in these particulars. I wish every possible exertion made to procure and forward supplies of clothing and shoes, especially of the latter article, and that everything else shall be for the present subordinate to this object. Your obedient servant, GEO. W. RANDOLPH, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 71. Richmond, September 26, 1862. I. All persons who have made application for appointments in the Ordnance Corps since the meeting of the present Comigress will presen Page 97 CONFEDERATE AUTHORITIES. 97 themselves for examination by the board of officers convened by General Orders, No. 68, Adjutant and Inspector Generals Office, as soon as practicable. II. Adjourned meetings of the Board will hereafter be held conven- ient to the headquarters of the armies in the field for the examina- tion of officers who are acting but have not been commissioned. III. Those who pass the examination at the present session of the Board will be arranged for appointment as captains, first and second- lie utenants, according to merit, and the appointments will be made from the head of the list. J\T All officers on duty in the Ordnance Corps will hereafter be examined before promotion. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, September 26, 1862. His Excellency JOHN MILTON, Governor of Florida, Tallahassee, Fla.: SIR: I have received your letter of the 16th instant, and have the honor to say in reply that the conscript act requires all persons liable to military duty to be enrolled, but before enrollment permits them to volunteer in companies which were in service on the 16th of April last, and the Department is not authorized to make any other disposi- tion of them. General Orders, No. 58, has been modified by omitting the third paragraph, and only persons capable of bearing arms are now required to be enrolled. Your obedient & ervant, GEO. W. RANDOLPh, Secretary of War. S CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., September 29, 1862. Iloii. ED. SPARROW, Chairman Military Committee, C. S. Senate: SIR: unclose a copy of a letter received from General Lee, and beg leave to call your attention to the necessity of providing some remedy for the evil of which he speaks. * It is to be feared that the regi- mental and company officers elected on the reorganization of the twelve-months regiments are generally inferior to their predecessors, and that the efficiency of the Army will be seriously impaired unless means are provided for summarily replacing worthless officers by better men. This may be donQ by travelimig commissions, empowered to try officers summarily, and by conferring on the President the power of appointmemit, where neither promotion by seniority nor elec- tion will furnish competent officers. It is useless to increase the Army unless it can be properly officered. Numbers are only a source of weakness in a badly-organized, ill-disciplined army, and it is impos- sible to discipline an army without efficient regimental and company 7 R RSERIES Iv, ~OL II * Not found as inclosure, but see Lee to Randolph, Series I, Vol. XIX, Part II, p. 682 Page 98 98 CORRESPONDENCE, ETC. officers. We cannot hope to rival the enemy in numbers, and unless we can surpass him in organization and discipline the odds against us will be fearfully great. The vast amount of stragglers which now paralyze our Army and defeat all attempts to re-enforce it is mainly due to the inefficiency of the regimental and company officers. Unless we apply a speedy remedy great disasters to our arms may be expected, and therefore, at the risk of being deemed importunate, I must earnestly beg that the bills establishing commissions to try officers and conferring the power of appointment on the President in neces- sary cases may be passed through Congress if possible. Very respectfully, your obedient servant, GEO. W. RANDOLPh, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 72. Richmond, September 29, 1862. I. The President having approved an act of Congress requiring the Secretary of War to transfer any private or non-commissioned offi- cer who may be in a regiment from a State of this Confederacy other than his own to a regiment froni his own State, whenever such pri- vate or non-commissioned officer may apply for such transfer, and whenever such transfer can be made without injury to the public service, and that the Secretary of War shall make regulations to facilitate such transfer, provided that this act shall not apply to any person who has enlisted as a substitute, it is ordered that all such applications for transfers as are contemplated by the foregoing act shall be addressed to the general commanding the army in which the applicant is serving, and shall be granted by him, without reference to the War Department, whether the transfer is within his own mili- tary department or not, provided the written consent of the com- mandant of the company to which the transfer is sought to be made shall first be given, and the transfer can be made without injury to the public service. In all cases in which the commanding general shall thin~z proper to refuse such application he shall indorse the reasons for such refusal and forward the application to the Department. II. Paragraph II, General Orders, No. 31, current series; paragraph IX, General Orders, No. 38, current series, and clause 3, paragraph I, General Orders, No. 38, current series, are hereby revoked. III. The ration issued to hospitals will not hereafter be subject to the reduction authorized April 28, 1862, but will remain as prescribed by paragraph 1107, General Regulations. IV. For the prompt relief of the sick and wounded of posts and general hospitals, not including those in the city of Richmond, it is ordered: 1. That the commandant of the post shall cause to be established a board, to consist of two or ijiore medical officers at each post or gen- eral hospital, for the examination of all soldiers who may be consid- ered fit subjects for furlough or discharge. 2. That in the absence of any regularly appointed officer the senior surgeon of the post or general hospital will act as commandant of the post. 3. That a certificate of disability, with a recommendation for fur- lough, signed in due form by the examining board and approved by the senior surgeon of the post, shall entitle the soldier to a furlough, to be granted by the commandant of the post Page 99 CONFEDERATE AUTHORITIES. 99 4. That a certificate of disability, with a recommendation for dis- charge, signed in due form by the Examining Board and approved by the senior surgeon of the post., shall, if the soldier is declared to be unfit for service in the field, or in any department of the Government, entitle him to his discharge, which will be signed by the commandant of the post; and in all cases where the descriptive list and final papers cannot be obtained the patient will be mustered for payment npon hospital rolls by the snrgeon in charge, or his affidavit that he has not received pay for the period for which he claims it to be due, and that lie is not indebted to the Confederate States Government beyond the amount stated by him. V. In all cases of application for furlough or discharge under the foregoing paragraph the applicant will be required to explain satis- factorily his absence from the regiment, battalion, or squadrou to which he belongs. VI. Due notice of all furloughs and discharges granted under this or(ler will be forwarded through department commanders to the Adju- taut and Inspector General. By order: S. COOPER, Adjutant au(l Inspector General. CHATTANOOGA, TENN., September 29, 1862. his Excellency JEFFERSON DAVIS: Any relaxation in enforciiig conscript law in rrennessee will be umipolitic. No new companies should be received until old regiments are filled. ISIJAM G. 1-JARRIS. RICHMOND, VA., September 30, 1862. Gove~ioi I. G. hARRIs, Chotto nooga, Teun.: I concur with you as to the paramount inuportance of filling up the old regiments. Cannot you give General Whitthorue 2,000 rccruits and dispatch him to Virginia? T lie gallant Tennessecans here are greatly reduced in numbers. JEFFERSON DAVI$. PARIS, September 30, 1862. Ilomi. J. P. BENJAMIN, Departme;it of State, Richmond, Confederate States of America: SIR: In mny dispatch, No. 1% dated July 30, at Vichy, amid tin us- muitted thuroumghu Mr. Walker Fearn, I had the hiomior of submitting to the Department a hurried sketch of the position and prospects of our affairs abroad. Imperfect as it was, the rapid tide of evemits at lionie and abroad have since drifted us so far away from those landmarks that I deem it unnecessary to recapitulate, amid now propose to exhibit the actual position in which we find ourselves to-day on tIme stage of European politics. It is also my duty to subunit to the consideration of the proper departments several proposals of a public characte Page 100 100 CORRESPONDENCE, ETC. which have been made to me, as confidential agent, by responsible parties here, and which may possibly seem worthy of the serious con- sideration of our Government. And firstly, as regards our present prospects of formal recognition. When my last dispatch was written there was good rcason to believe that France, or its ruler, had not yet positively decided upon the line of conduct to be pursued, and the temptation to act independently of England was very great, from motives both of policy and pride. While England promptly and positively refused recognition in response to Mr. Masons formal demand, the simultaneous movement of Mr. Slidell here did not meet with a similar reception from the French Government, and officially the same suspension of judgment has been kept up to this day. No formal announcement of the refusal of France to recognize the Con- federate States has ever appeared in the official or semi-official jour- nals here, which contrasts strongly with ~he action of England, nor (as far as my information goes) has any such formal answer been given to Mr. Slidell. The tide which was setting in so strongly toward our recognition when my last communication was made was turned by the frantic folly of Garibaldi in Italy, which created a serious crisis in Europe and rendered it evident that France could not and would not act alone on the American question while so grave a complication continued. That complication is far from having ceased with the capture of Garibaldi, sustained, as he is, in his prison by the active sympathy of England and of the revolutionary party in France. On the contrary, it daily becomes more grave, and has forced out an unwilling utterance from the Emperor himself on the Italian question, in the publicatiomi of his instructions to his mm- ister of state, and the subsequent correspondence resulting therefrom in May and June last. Inclosed I send you that correspondence as published in The Moniteur. * Opposed, therefore, as lie is, to the policy of Victor Emmanuel, sustained by England arid the Liberal party on the Continent, as well as to the policy of the Parti Piete, who clamor for the restitution of the whole patrimony of St. Peter to the hands of the Pope, and to the Red Republicans, who raise the cry of Ro~iie or death, the r6le of the Emperor is most delicate and diffi- cult at this moment. It was a knowledge of these facts, and the assurance of those very near hini at Vichy that his mind was emitirely preoccupied with the new and alarming question which had arisen, which induced me to withdraw from his secretary my proposal for aii audience on the plea of sudden amid pressing business at Paris. As such an imiterview would only have beeii a ceremonial one and without results, I deemed it best to keep that pleasure in reserve. That the Emimperor himself is friendly to us and our cause there can be no doubt. That lie regrets having been overpersuaded by the Russell-Palinerston Cabinet into recognition of the Yankee blockade when it was only a paper one is equally certain, for lie says so himself, and lie has recemitly declared in private conversat!ons with members of the British Parhia- macnt that England has kept and continues to keep hilur back from a fornial recognition of the Confederate States. His Cabinet commeur with hun in opinion, but differ as to joint or separate action. Mr. Thouvenel ri~id1y adheres to the English alliance and is less friendly than Messrs. Morny and Persigny, who carry the large mu ajority of the Cabinet with them. *Not found Page 101 CONFEDERATE AUTHORITIES. 101 Finding that nothing could be effected fdr the moment in the field of diplomacy, and that the Emperor was most cautions in moving with public opinion, instead of striding in advance of it, as is generally supposed, I left Vichy and immediately turned my attention to the manufacture and improvement of that article through ti ie agency of the press, still a great power in France. Very erroneous ideas pre- vail as to the actual restrictions on the liberty of speech and writing here. With the exception of critft~ising the royal person or reviving (lynastic differences, great license of political discussion amid of crit- icising the imperial policy is accorded to the French press, and the poleuuqtws of the different journals are most eagerly and widely read in the cafes and restaurants, where much of Parisiami life is passed. I found both our friends and foes in the French press lamentably ignorant and terribly prejudiced as to the real merits of the question and as to the actual condition of the two parties to the struggle. rro mny surprise, the slavery question, which has been dropped in England, was made the great bugbear in France, and those who professed to be our advocates were pleading pitifully an exten- uation of our sins imi this resi)ect aild shuddering at the epithet esciavagiste, with which the paid partisans of time North are pelting themn. Strange as it may seeni, there is really muore feeling for time black omi this side of the channel thamm on time other, as time sentimental side of the French character has beemi enlisted in time supposed suffer- ings of thus race. TIme North, fromu time conunencenment of the struggle, has spent immoney very freely in the muanufacture of foreign opinion, especially in Paris amid Brussels, ~vhere very hmioh simm s hmave been l)aid, and to counteract timese influences I have been commmpelled to use extraordimmary exertioims and extraor(iilmary mneamms, wimich I am hiappy to say have wroughmt very great results in the past two mouths, as the ehammged tone of the French press on both sides abundantly testifies. Without descending too much iiito particulars, it is only muecessary to say that time Southern cause is mmow ardently ammd efficiently supported l)y all the semi-official journals in Paris and time provimmees, a laroe netwo~k covering France by somne of the clerical journals before hos- tile to us, by time organs of the muanufacturers and imidustrial classes at Lyomis, Bordeaux, Havre, Ronemi, & c., and at the same time the fire of opposition has slackened, and from an offemisive they have been driven into a defensive attitude. To correct the numnerous misrepresentations current abroad, and especially to throw light on the actual position ris a vis to our slave population, early in Ammgnst I I)ublished a Freimehi brochure La v~rit6 sum des Etats Conf~d~r~s under my own mmanme (copy of which is sent you), and that has served as a brief for our friends who have mnade liberal use of the facts amid statements it contaimms. rrhe portrait of President Davis, which was prepared expressly for tiPs l)nl)lication, has also greatly contributed to give it Wi(le circulation, ammd hmis coun: tenance has been a good letter.of recommendation for our cause with those who care nothing for its principles. You will observe that the ground is boldly taken in that publication that time South is able to vimudicate her owum immdep~ndence without foreign assistance, and is mapidlv doing so; that her resources are ample for her needs; timat she has mmothming to apologize for in her peculiar itistitution, but has ever been the best friend of the black race; that the question of slav- ery really is not at the bott6m of this quarrel, and thai the negroes at time South sympathize with timeir Sontherum friends and hate amid distrust the Yankees, as they have good right to do. These, to thmeimm Page 102 102 CORRESPONDENCE, ETC. novel ideas have been taken up and re-echoed by the French press in every variety of shape aiid language, and have put the question in an entirely new aspect. It has beeii necessary to employ a corps of writers to keep the subject before the public, as amateurs cannot be relied upon for other than occasional labors, and I have secured some very efficient ones. The South owes much to the writers who have labored so dIligently on the French and English press since the coin- mencement of the struggle without reward, or even recognition of their services. Several of these I have found still pursuing their thankless task under great disadvantages, and I think it due to them that their names should be oiven to the Department. They have l)OrnC the heat and burden of the day, and fitting acknowled~ment b of their labors should be made when their work is done and the l)attle won. In this connection I would particularize Pecquet de lellet and Edward Gaulhac, of New Orleans, and Charles Girard, formerly secretary of the Smithsonian Institution; and in London, George MeHenry, formerly of Philadelphia, whose contributions to the London journals have been of immense value to the cause, and the more so from the fact of his coming from a Northern city. Of Mr. Hotze~s untiring industry and energy I have spoken in my former dispatch. By a perusal of the files of English papers sent you you will see why my labors have been confined to France. T lie real merits of the question and the relative position of the belligerents are as well understood at London as at Richmond, and there is no point on which we can give theni any information, except the few matters of detail touched on in my letter to the English press, copy of which has already been forwarded. The Times, the Post, the Herald, organs of the two great political parties and of the public at large, have d edi- cated munch of their space and many of their leaders to an exposure of the false pretenses and fabulous narratives of strategic move- ments backward, claimed as victories, until the very nanie of Yankee stinks in the nostrils of the English people. By request of Mr. Thia~keray I have prepared a narrative of our own personal experi- ences in breaking the blockade, which has afforded an opportunity for a political disquisition oii the position of the Yankee marine toward the British. This will appear in the October number of the Coruhill Magazine. A sketch, ~)artly biographical and partly polit- ical ojj~~o s omne incidents of the life and career of President Davis, appeared in the September number of the Blaekwoods Magazine. All these publications teimd to concentrate public attention on time men of our revolution. The recent exploits of Stonewall Jacksoii and General Lee have made their names historic here and Given a(l(hitiolial luster to our military renowim. With the tide of public ~piiiioii running so strong in Enoland that even Lord Shaftesbury and Exeter Ilall now aban- (ion their Yankee symnpathie~ as imutrue, even to their avowed Aboli- tion proclivities; with but two presses in London in favor of the Yamikees, viz, the News and Daily Star, both uninfluential papers; with the strong pressure put upon them by the Emperor, it may be asked why the British Cabinet delay recognition ? As far as we can judge they act from muixed motives. They believe that recognition of the South ~~-onld head to war with the North, and consider the Yan- kee marine a standing menace to their commnerce, which would afford rich spoils to those enemies of the hiumnan race. Moreover, the cotton famine, strange as it mnay seem, pays the manufacturers handsomely Page 103 CONFEDERATE AUTHORITIES. 103 as recent statistics prove, the glut of the manufactured article and consequent depreciatioii of price having alone been prevented by our civil war and the stoppage of supply. Hence the ardor of Mr. Bright and the Manchester men in the cause of non-intervention in our quarrel. Add to this the enormous cost of a war with an adversary so utterly reckless, desperate, and unscrupulous as the North now is, and the masterly inactivity of England (as plagiarizing from Mr. Calhoun they now term their policy) can be easily understood, if it cannot be justified by the principles of the law of nations and the impulses of humanity. Europe professes to be sickened by the sight of useless slaughter across the Atlantic, but upraises no voice and lifts no finger to arrest it. Our sole reliance must be upon God and ourselves; and happy am I to know that such, too, has become the rooted sentiment of our people, upon whose heroic efforts and sufferings all Europe now looks with wondering admiration. I believe our recognition to de- pend more on the events now transpiring in Maryland than on any other earthly cause. As upon this side we can only hope to reap the fruits which the sweat and blood of our brave brethren have been poured out to produce for the weary months which have passed since the tide of Yankee success has ebbed away from Southern soil, it may be necessary to add that the recognition talked of by the British and French Governments, and which our continued success will has- ten, does not formally involve mediation or intervention, but is sup- posed to lead to both, since the North has always announced her intentiomi to regard it as a casus belli. The other European powers seem determined to await the action of those already named, but are generally sympathetic with us, with the exception of Germany, which is stupidly amid obstinately hostile, and which has actually furnished food for powder in pretended emigrants via Hamburg. The same game has been played to some extent in Ireland also, but thus far to 110 very great extent. Spain is friendly to us; so is Austria; Italy too busy with her own affairs to take munch heed of other quarrels, but Garibaldi has throwmi the little weight his tragical folly has left him into the Yankee scale in a correspondence with the Yankee con- sul at Vienna. The general comnmnentary upon this demonstration has been pithily sumumed up by an English writer, who says, It is a pity that a great patriot should also be a great fool, combining the heart of a lion and the head of an ass. Of the feeling or policy of Russia we kimow nothing, but its affinities are supposed to be Northern, that the mimaritime supremacy of England and Framice mnay have a rival amid probable ally of Russia hereafter. There are, however, two disturbing causes to the long patience of Franceomme is the breach daily widemmimig between the Comitinemital policy of England and her own, especially in Italy; the other is the pressure put upon the Governmnent by the industrial class, whose sufferings have b~emi and contiimue to be great; and the Fmemmch ouvriers will not suffer like dumb cattle, as their British. brethren seemn disposed to do. From the consuls-general of several of the departmemmts have been sent up to time Govermiment, and pub- lished in the journals, petitions to the Emnperor for relief, blended with complaints that the cause should be permuitted to comitimmue, and warning the Government against the possible conseqimemmees of an increase of these evils and that suffering. At Roucim, Lyons, and in the north generally both public and private charity on the largest scale have beemi ineffectually resorted to to relieve the (histress, ~n Page 104 104 CORRESPONDENCE, ETC. immense public ateliers have been established to keep the workmen tranquil. With every day the evil rises, like the steady swell of the tide, and gives greater inquietude to the Government. As a specimen of the tone and temper of the departments you will find inclosed (marked A*) the proceedings of the Council of the Rhone, one of the largest and most important. In 1860 and 1861 the quan- tity of cotton consumed in France amounted to about 123,725,000 kilograms. From the 1st of January to the 1st of July of the present year it has reached only 11,952,000 kilograms; that is, 17 per cent. only of the previous quantity. Thus in this immense industry and its tributary branches we will have a reduction in the enormous proportion of 83 per cent. From the most reliable sources I gather the fact that there are from 130,000 to 150,000 workmen directly employed in making cotton thread and other fabrics, and of persons indirectly connected with the same industry about 1,350,000, making an aggregate of 1,500,000 souls dependent emitirely upon the cotton supply. The consequences of this mass of destitution thrown upon the community, and the paralysis of other branches of iiidustry arisimig from the war and the shutting up of our markets to it, is needless to dwell upon. 1-lence the pressure upon the French Gov- eminent is very severe; nor will the state of finances permit so long sustained a pressure as England is able safely to endure. The grain crops and the vines in France, which failed last year in ami average crop, have gone much beyond the average this year, and consequently the large supply of Northern grain which found its market here last year, via England, at high rates, will not be needed this year. Although this diminishes the pressure on the finances of France, it diminishes in a still greater degree the available resources of the Northern States of America, whose market here will be cur- tailed by it. It is supposed that the Emperor, in view of the eventu- alities pointed out, has sent to Mexico a force more than adequate to settle that question, as upward of 40,000 men independent of the naval force have been dispatched, the chief command having been given to General Forey, who enjoys the full confidence of the Emperor. Theintrigues of Corwin and the Washington Government in Mexico are well known and properly appreciated here, my first act on landing at Southamnpton on the 29th of June last beino~ the transmission of a dispatch by telegraph to Mr. Eustis here detailing themn, as gathered by me at Havana. That telegram has never reached Mr. Eustis to this day, and had greater credence, from being private. It evidently reached the hands for which it was intended and l)rodlLced its effect. If, therefore, the entente cordiale should be broken, or the crisis becomne too severe in the manufacturing districts, the Emperor has prepared for the active interposition which alone would be effectual. At the risk of becoming prolix I hayc endeavored to give you an accu- rate idea of the real attitude of Europe toward us, as far as we know the purposes and plans of it~ rulers. I may add that the very serious differences between the King of Prussia amid his Parliamnent do not tend to reassure us as to the continued tranquillity of Europe, which seems now mu a condition very similar to that which preceded the convulsions of 1848. In my previous dispatch I alluded to propositions immade by leading bankers here in relation to a loan based on cotton, on the sale of cot- tomi here. One of these (marked B*) is herewith inclosed. It is made * Not found Page 105 CONFEDERATE AUTHORITIES. 105 by a near relative of Mr. Fould, and if you think it desirable to enter into any arrangements and will give me your specific instructions the matter can be easily arranged. The establishment of credit here would save the Government from great embarrassment and the enor- mous loss on exchange which it now suffers, as well as relieve the agents abroad from the difficulties of which they complain. I have been requested by Messrs C. Girard & Co., who are making Le Mats revolvers for the Government under contracts with the Navy and Army Departments with Colonel Le Mat, a partner in the factory, to forward their correspondence with the agents of those departments in Europe, and to request that effectual steps may be taken to fulfill the Government obligations in that respect. They complain of the loss of both time and money in consequence of the failure of Captain Huse to co-operate with them or carry out his instructions in spirit as well as in letter. I submit this matter without any expression of opinion to the proper departments, with a repetition of my suggestion that additional agents supplied with funds should be sent abroad for the purchase of arms, medicines, and other necessaries. I am happy to add that private enterprise is essaying new modes of supplying our wants in the way of new and swift steamers to run the blockade, hitherto too much of a monopoly in particular hands. A regard for private interests prevents my being more specific on this point; but this new enterprise is sure to be of great benefit to us, and should secure Governmeiit support if such be demuanded. By another oppor- tunity I may refer more particularly to this point. The proposals for ships come from the greatest shipbuilders in France, who have the patent for the Fr6gates blind6es. I send theni to the Navy Depart- muent and invoke the attention of the President and yourself to them. With reference to my own personal labors, I have only to say that I am making the best possible use of the resources available, but could greatly and advantageously extend the field of operations were those resources increased. If the struggle be protracted beyond the ter- mination of this year I shall need fresh supplies. Very respectfully, EDWIN DE LEON. The publication of your letter to Mr. Baylor, with appropriate com- ments relative to the stoppage of the cotton supply, has been attended to and has produced a strong impression here. Allow me to call your attention to the necessity of organizing a corps of messengers, coming and going at least once a month to and from the Confederate States. We have received no dispatches from you for months past. Private hands are not to be relied upon. I send this by a special messenger employed by myself. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 73. * Richmond, October 1, 1862. * * * * * * II. Generals commanding will authorize their medical purveyors to impress all medical supplies held by speculators, paying them the cost price for the articles. The generals will give the purveyors the nec- essary aid to carry this order into effect. By order: S. COOPER, Adjutant and Inspector General Page 106 106 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Maj. CALEB HUSE, Richmond. October 1, 1862. C. S. Agent, London, England: SIR: You are respectfully informed that the Department has made a contract with Messrs. Chamberlain & Co. to furnish supplies for the Quartermasters, Ordnance, and Medical Bureaus. The prices are to be fixed by reference to the invoices, which are to be verified by you on actual inspection of the articles made in person or by your agents. The invoices must be indorsed by you, stating that the prices are the usual wholesale prices of the articles in the chief marts, and that the articles themselves are merchantable. This latter provision is not intended as an assumption of the risk of damage, the contractors being bound to deliver them in a Confederate port in good order. Your obedient servant, GEO. W. RANDOLPH, Secretary of War. GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 74. Richmond, October 2, 1862. I. The execution of the act approved April 16, 1862, commonly called the Conscription Act, and of all the amendments thereto, is suspended, by direction of the President, in the States of Kentucky and Missouri. Troops from those States will, until further orders, be received into the Confederate service under the acts passed by the Confederate Congress prior to the passage of the act above referred to, the execution of which is hereby suspended. II. The attention of officers and all others concerned is called to the fact that General Orders, No. 72, published incorrectly in the Richmond Enquirer of September 30, and the Richmond Whig of October 1 and 2, was published correctly on the 1st instant and thereafter in the Enquirer, and on the 3d instant and thereafter in the Whig. JIJ. All furloughed, sick, and wounded soldiers will have transpor- tation furnished them to their homes and back where their furloughs are of sufficient length to warrant it. By order: S. COOPER, Adjutant and In spector General. RICHMOND, October 2, 1862. his Excellency Governor SHORTER, Montgomery, Ala.: Major Gaines telegraphs that many parties have withdrawn their negroes from the Alabama ~nd Mississippi Railroad and refuse to return them, that every effort to hire has proved unsuccessful ,and that the work will be retarded for months, when with an efficient force it could be finished by the 1st of November. This work is of great importance and I must beg that you will use your influence with the planters to procure labor. Delay may bring disaster to themselves. Can you not appeal to them by proclamation? G. W. RANDOLPH, Secretary of War Page 107 CONFEDERATE AUTHORITiES. 107 EXECUTIVE DEPARTMENT, October 2, 1862. GENTLEMEN OF THE SENATE AND HOUSE OF DELEGATES: I herewith transmit a communication from the adjntant-genera1 on a subject of interest an(i importance, and commend it to your consideration and such action as you may deem advisable. I a~ain respectfully renew the recommendation contained in m~y message at the opening of this session, in regard to officers of the militia who are disloyal or refuse to obey the orders of the Executive. In that portion of Western and Northwestern Virginia which has been over- run by the public enemy we have very few militia officers whG can be rehed upon to execute the orders of the Executive. Under existing laws we have no means of reaching such officers, except through the agency of courts-martial, and these cannot be held in that section of the State. It is of the first importance, therefore, that some legisla- tion shall be had upon this subject before your adjournment. Respectfully, JOHN LETCHER. [Inclosure.] ADJUTANT-GENERALS OFFICE, September 30, 1862. His Excellency JOHN LETCHER, - Governor of Virginia: SIR: Permit me to suggest for your consideration the expediency under existing circumstances of extending the provisions of the act of March 7, 1862, in regard to the second-class militia over the whole State, and a thorough organization of that class for home service dur- ing the continuance of the war; also a re-examination of all men who were exempted by the local boards. In many cases physical disability (which then existed) exists no longer, yet many able-bodied men shelter themselves under the exemption. In addition, to constitute a board consisting of three justices for each regiment with authority to assess and cause the militia fines to be promptly collected, suspend- ing fo~ a time the sections of the 31st chapter of the Code of 1860, relating to regimental and battalion courts of inquiry, which are now practically inoperative. Very respectfully, your obedient servant, WM. H. RIChARDSON, AWidant- General. RICHMOND, VA., October 2, 1862. The SENATE: I herewith transmit for your information a communication from time Secretary of War in respomise to your resolution of the 26th ultimo,~ iii reference to the construction of a certain line of railroad in the States of Louisiana and Texas~ JEFFERSON DAVIS. [Inclosure.] CONFEDERATE STATE5 OF AMERICA, WAR I)EPARTMENT, Richmond, Va., October 2, 1862. His Excellency the PRESIDENT: SIR: I have the honor to acknowledge the receipt of the following resolution adopted by the Senate on the 26th ultimo: Resolred, That the President be requested to inform the Senate whether the appropriation made by the act entitled An act to aid in the construction of Page 108 108 CORRESPONDENCE, ETC. certain line of railroad in the States of Louisiana and Texas, approved 19th April, 1862, has been in whole or in part used for the purpose contemplated by the act, or if any contract or engagement has been made by him in relation to the said appropriation or any parii of it. An agent was appointed under the act to ascertain and report upon the best mode of carrying it into effect. He reported that in conse- quence of the fall of New Orleans he thought it impracticable to con- struct the road, and nothing further was done. Very respectfully, your obedient servant, GEO. W. RANDOLPh, Secretary of War. CONFEDERATE STATES OF AMERICA, QUARTERMASTER-GENERALS DEPARTMENT, Richmond, October 2, 18G2. Hon. W. P. CHILTON, Chairman, & c.: SIR: I have the honor to submit to you and to the committee of which you are chairman my views in regard to the transportation of troops, military stores, & c., over the various railroads in the Con- federacy. I am opposed to taking military possession of the roads and submit the following reasons therefor: Should the Government do this I feel assured that the officers and employ~s of said roads would promptly resign rather than be subject to the orders of officers of the Army of every grade, wholly ignorant of railroads and their management. This would throw into confusion our means of coin- munication throughout the Confederacy. Greater expense would be incurred in operating the roads, the new officers being ignorant of the most economical and available sources of labor and supplies of material. The work done would also be done in a manner less secure and durable than when under the supervision of those permanently connected with the road. There would be great difficulty in keeping the accounts for private freight and passengers distinct from that of the Government, for citizens as well as troops must be transported and supplied, the Government meanwhile coming under heavy pecuniary responsibilities to the stockholders, whose trustee it has assumed to become. Should a period of great emergency arise, confusion, delay, and irreparable disaster might be produced by the change from experi- enced to new operators on the many roads. As to the best mode of securing the rapid and safe transportation of troops and muilitary supplies of all kinds, the following suggestions are made: The appointment of an able, methodical, amid energetic person as chief of transportation, to have entire control over and power to regulate all matters pertaining to transportation, to make all necessary rules and regulations, and after conference or correspond- ence with the several railroad presidents and superintendents, to bring into harmonious action the different roads in the Confederacy; all officers of the Army, -of whatever grade, to be ordered not to inter- fere with the management of roads or running of trains, and to be governed by the rules and regulations of the chief of transportation as agreed upon with the railroad companies; all complaints against railroads to be made to and settled by him under the direction of the Quartermaster-General; when cars are taken beyond the roads to which they belong the Government officers should see that they ar Page 109 CONFEDERATE AUTHORITIES. 109 not used for store-houses; that the roads using them be charged for their use, and that they are promptly returned, for from these causes arise three-fourths of the difficulties in transportation. It is al~o suggested that the right of seizing for the use of the Government cer- tain articles of absolute necessity, such as cloth, leather, & c., be granted when parties holding the articles will not sell them to the Government, or ask extortionate prices, the impressment to be made in conformity with the act of Congress on the subject. It does not occur to me that any further legislation is required to promote the efficiency of the Quartermasters Department. Existing laws and orders are amply sufficient if officers do their duty. The prospect of clothing the Army from the resources of the Confederacy is very good. Wool is coming in in abundance from Texas to be manufactured into cloth in Virginia, Georgia, North Carolina, Alabama, & c. The pro- priety of allowing leather and wool and manufactured clothing suit- able for the Army to be brought into the Confederacy free of duty is respectfully submitted. Any questions the committee may desire to have answered the undersigned begs it will present. Very respectfully, A. C. MYERS, Quartermaster- General. WAR DEPARTMENT, Richmond, Va., October 4, 1862. Ills Excellency JEFFERSON DAVIS, President Confederate States of America: SIR: I deem it my duty to call your attention before the adjourn- ment of Congress to the want of power in the Executive to make appointments when neither election nor promotion secures competent officers to fill vacancies, and to consolidate companies and regiments reduced by casualties of service below the numbers necessary for efflciei~cy. The absence of this power is a defect in the organization of our service so great that it must ultimately cause disaster if not ruin. The present condition of the Army of Northermi Virginia impera- tively requires its exercise, and the experience of the commanding general of that army has been unable to devise any expedient by which lie may avoid the alternative of violating law or of exposing his army to ruin. rrhe senior general of our armies, whose opinion is entitled to great respect from his familiar acquaintance with the military organizations of this continent during the last forty-five years, fully concurs with the Department as to the indispensable necessity of the proposed power. \Tcry respectfully, your Qbedient servant, GEO. W. RANDOLPH, Secretary of War. [OCTOBER 5, 1862.For Milton to Randolph, in regard to the enforcement of the conscript act in Florida, & c., see Series I, Vol. LIII, p. 258. Page 110 110 CORRESPONDENCE, ETC. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 234. Richmond, October 7, 1862. * * * * * * XXII. After date no application will be received for examination by the board of officers appointed nnder General Orders, No. 68, cur- rent series, for appointment of officers for artillery to be assigned to ordnance duty, except from officers and privates now in service, or from officers and privates now out of service by reason of wounds received in battle. * * * * * * * By command of the Secretary of War: JNO. WIThERS, Assistant Adjutant- General. EXECUTIVE OFFICE, Richmond, October 8, 1862. The SENATE AND hOUSE OF REPRESENTATIVES OF THE CONFED- ERATE STATES OF AMERICA: The near approach of the day fixed for your adjournment induces inc to renew certain recommendations made at the commencement of the session, and for which legislation has hot yet provided. The sub- ject of the efficiency of the Army is one of paramount importance, and the letter of the Secretary of War herewith submitted has been elicited by correspondence with the generals of our armies in the field, whose practical experience of the evils resulting from the defects in our present system entitles their opinion to great weight. * An army without discipline and instruction cannot be relied on for purposes of defense, stilt less for operations in an enemys country. It is in vain to add men and munitions, unless we can at the same time give to the aggregated mass the character and capacity of soldiers. The discipline and instruction required for its efficiency caiinot be imparted without competent officers. No power now exists by k~w for securing such officers to fill vacancies when elections and promotions fail to ~xccomplish the object. Extreme cases ought not to furnish a rule, yet some provision should be made to meet evils, even exceptional, in a matter so vitally affecting the safety of our troops. Tender consideration for worth- less and incompetent officers is but another name for cruelty toward the brave men who fall sacrifices to these defects of their leaders. It is not difficult to devise a proper mode of obviating this evil. The law authorizes the refusal to promote officers who are found incom- petent to fill vacancies, and the promotion of their juniors in their stead; but instances occur in which no officer remaining in a regi- ment is fit to be promoted to the grade of colonel, and no officer remaining in a company is competent to command it as captain. Legislation providing for the selection in such cases of competent officers from other regiments of the same State affords a ready rem- edy for this evil, as well as for the case when officers elected are found unfit for the positions to which they may be chosen. This selection can be made in such manner as nmay seem to Congress most advisable; but this or some other remedy is indispensable for filling numerous vacancies now. existing. *See October 4, P. 109 Page 111 CONFEDERATE AUTHORITIES. 111 While this deficiency of competent officers exists in some cases, 1 here is a large excess in others. Numerous regiments and compa- iiies have been so reduced by the casualties of war, by sickness, and other causes as to be comparatively useless under the present organ- ization. There are companies in the Army in which the number of officers exceeds that of privates present for duty, and regiments in which the number of such privates does not exceed that which is required for a single effective company. The cost of supporting the Army, already a very heavy burden on the resources of the country, is thus increased to an extravagant extent. But this is of secondary importance compared with the inefficiency which results from this condition of things. Some legislation which shall provide for the consolidation of companies and regiments when thus reduced in num- 1)ers, and where conscripts cannot be obtained from a State in suffi- cient numbers for filling the ranks, is of pressing necessity, and a deep sense of duty impels me to repeat that no consideration for the offleem s who may be unfortunately deprived of commands ought or can safely be permitted to obstruct this salutary reform. It may be proper to remark that the necessity for this consolida- tion and the consequent discharging of tried and meritorious officers will obviously be increased by all legislative action permitting new organizations to be formed of men who, by the provisions of the con- script law, were directed to be incorporated into existing companies and regiments. JEFFERSON DAVIS. AN ACT to encourage the manufacture of clothing and shoes for the Army. The Congress of the Confederate States of America do enact, That time President is hereby authorized to import, duty free, cards or card cloth, or any machinery or materials necessary for increasing the man- ufacture of clothing for the Army, or any articles necessary for sup- plying the deficiency of clothing or shoes, or materials for shoes, for tIme Army. SEc. 2. Be it further enacted, That any machinery, or parts of machinery or materials imported as aforesaid, may be worked on Gov- ernment account, or leased or sold, at the discretion of the President. SEC. 3. Be it farther enacted, That the President may extend the privileges of this act to companies or individuals, subject to such regulations as he may prescribe. SEC. 4. That the clothing required to be furnished to the troops of the Provisional Army under any existing law may be of such kind, as to color and quality, as it may be practicable to obtain, any lav~ to the contrary notwithstanding. Approved October 5, 1862. AN ACT to refund to the State of Louisiana the excess of the war tax overpaid by her. The Congress of the Confederate States of America do enact, That the sum of seventy thousand dollars be and the same is hereby appro- priated, out of any money in~ the Treasury not otherwise appropriated, to be paid to the State of Louisiana, the same being the estimated excess of the war tax overpaid by her; the said payment to be mad Page 112 112 CORRESPONDENCE, ETC. to the Governor of the State of Louisiana or his authorized agent, sub- ject to a final adjustment whenever the assessments and returns of the war tax for said State shall be completed. Approved October 8, 1862. AN ACT to repay to the State of North Carolina the excess over her quota paid by her into the Treasury of the Confederate States on account of the war tax. The Congress of the Confederate States of America do enact, That the sum of one hundred and eleven thousand one hundred and seventy- four dollars and sixty-nine cents be paid to the State of North Caro- lina, out of any moneys in the Treasury not otherwise appropriated, the same being the excess over her quota paid by her into the Treas- ury of the Confederate States on account of the war tax. Approved October 8, 1862. AN ACT making appropriations for the executive, legislative, and judicial expenses of the Government for the month of December, 1862. The Congress of the Confederate States of America do enact, That the following sums be and the same are hereby appropriated for the objects hereafter expressed for the year ending the thirty-first of December, eighteen handred and sixty-two: * * * * * * * For the pay of officers and privates of the Army, volunteers and militia, and for quartermasters supplies of all kinds, transportation, and other necessary expenses, fifteen million six hundred and thirty- eight thousand and forty-nine dollars. For support of prisoners of war and for rent of necessary guard- houses, & c., two hundred thousand dollars. For bounty, fifty dollars to each non-commissioned officer, musician, and private in the service for three years, three million dollars. For purchase of subsistence stores and commissary property, twenty-two million five hundred and ninety-eight thousand forty-one dollars and thirty-six cents. For the ordnance service in all its branches, two million two hun- dred thousand dollars. For the engineer service, two hundred thousand dollars. For medical and hospital supplies, four hundred thousand dollars. For pay of nurses. cooks other than enlisted men or volunteers, forty-eight thousand dollars. For services of physicians to be employed in conjunction with the medical staff of the Army, thirty thousand dollars. For the establishment and support of military hospitals, fifty-nine thousand five hundred dollars. * * * . * * * * For ordnance service in all its branches, including the purchase of ordnance and ordnance stores imported, four millioii dollars. * * * * * * * To supply the deficiencies in the engineer appropriations for engi- neering purposes, eight hundred thousand dollars. To pay claims upon the Confederate Government for vessels seized by the naval and military authorities for the use of the Government, ten thousand two hundred and thirty-seven dollars and fifty cents Page 113 CONFEDERATE AUTHORITIES. 113 For the purchase of flour for the Confederate States Army, six mu- lion eight hundred and twenty-three thousand eight hundred dollars. The Secretary of the Treasury is hereby authorized, from any mon- eys in the Treasury not otherwise appropriated, to take up and redeem such Treasury notes as may from time to time be called in for the purpose of being canceled, and in place of such rrreasul.y notes so can- celed other Treasury notes to the same amount may be issued. Approved October 9, 1862. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, October 0, 1862. his Excellency JEFFERSON DAVIS, Presideiit Confederate States of America: SIR: I find it impossible, in the limited time before the adjourn- miient of Congress, to make the inquiries necessary to enable me to recommend suitable persons to fill the offices created during the pres- ent session of Congress. Army corps must be organized before lieu- tenant-generals and members of the courts of commission can be appoimited. Officers of ordnance cannot be selected without an examination of the applicants, nor officers of the Signal Corps without careful inquiry. A vacancy in the office of Assistant Secretary of War occurred on the 1st instant, and owing to the press of business I have found it impossible to select a person qualified to fill the office. Many vacancies have no doubt occurred in the Army which are not vet reported. As no power exists to make appointments or to fill vacancies in the recess for offices created or vacancies occurrino dur- b mo the session of Congress, I recommend that application be made to b Congress for the passage of an act authorizing such appointments. In reference to vacancies, it might be limited to those occurring within fifteemi days of the adjournment. Very respectfully, your obedient servant, GEO. W. RANDOLPH, Secretary of War, STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Rateigh, N. 0., October 9, 1862. Hon. GEORGE XV. RANDOLPH, Secretary of War: DEAR SIR: His Excellency Govermior Vance has frequent applica- tions from citizens residing in counties of this State within the lines of the enemny asking permission to raise companies of partisan rangers for local defense. The conscm~ipt law cannot be executed in those localities, and His Excellency thinks that the public service will be promoted by granting such applications, and he therefore respectfully suggests that you will commission such persons as he may recommemid for that service. Yours very respectfully, DAVID A. BARNES, Aide to the Governor. S R RSERIES IV, VOL I Page 114 114 CORRESPONDENCE, ETC. EXECUTIVE OFFICE, Richmond, October 10, 1862. The SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES OF AMERICA: The importance, it might properly be said necessity, of a measure which has heretofore been recommended induces me at this time to renew the request for your attention to the want of some provision by which brigadier and major generals may be appointed when, by the casualties of service, commanders of brigades and divisions have become temporarily disabled. Under the law as it now stands if a brigadier be wounded the command of the brigade devolves upon the senior colonel, who may or may not be competent for such command, but whose presence is required with his regiment, and most of all under the circumstances usually existing where casualties like that referred to occur. To illustrate this necessity I will cite an instance of an army corps from which seven brigadiers are now absent, six of whom have been recently wounded. There is a#t obvious objection to multiplying the number of general officers, but it may be readily removed by provid- ing for the subsequent reduction whenever there are supernumeraries present for duty; and I would suggest that the determination as to who should be discharged might be made to depend upon the inquiry and report of an army board, to be organized according to established law and usage. JEFFERSON DAVIS. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT Hon. G. ~ RANDOLPH Raleigh, N. C., October 10, 1862. Secretary of War: DEAR SiR: Allow me to call your attention to the subject of dis- posing of conscripts in this State. When I entered upon the duties of my office I found the thing at quite a low ebb, few ever coining intocamp, and Major Mallett found the greatest difficulty in hunting them up. I immediately tdok the matter into my own hands, issued a proclamation and orders to my militia officers, and procured Gen- eral Martin to issue an order promising them all that they might choose their regiments if not already filled. The good effect of this was instantly manifest, the number coining in was trebled, and a cheerful spirit of alacrity prevailed everywhere. I mentioned the matter to the President in your presence and understood it to be approved by both; and yet on my return homiie I find Major Mallett has received orders to send all the conscripts to certain brigades with- out regard to their wishes or to the promises made them by a Confed- erate general. This has produced the greatest dissatisfaction, and rightly, too. What the particular exigencies of the service are I do not know. They must be great indeed to justify bad faith toward the soldiers on the part of the Government. If such is to be the policy, as I do not wish to become a party to such transactions, I shall coun- termand the orders issued to my militia officers and turn the whole over again to Major Mallett and leave him to hunt up the conscripts as best he can. Allow me to say generally that I think the Depart- ment commits a serious error in declining to receive the advice of anybody save the general in command of the department. With th Page 115 CONFEDERATE AUTHORITIES. 115 management of the Army proper I shall, of. course, offer no advice, not pretending to be a military man; but in regard to such political movements as secure niost effectually the snpport of the people in the execution of the conscript law, I do claim that I ought to be heard. In this respect I might safely assert of myself that which after all amouuts to not much, that I know more than all the West Pointers in the service. And yet, so far as I am aware, no one suggestion of mine or recommnendation has received the approval of the Depart- ment. So be it. Though the responsibility rests not with me, yet, as I and my State are to suffer any evil consequences that may follow, I feel it my duty to write you fully and frankly in regard to all matters affecting North Carolina. I am, sir, most respectfully, your obedient servant, Z. B. VANCE. AN ACT supplemental to an act entitled An act to authorize the Secretary of the Treasury to pay district collectors in certain cases, approved April 11th, 1862. The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be, and he is hereby authorized to pay the sum of four hundred dollars to the several district collectors of the war tax, authorized by the act entitled An act to authorize the issue of Treasury notes and to provide a war tax for their redemp- tion, approved August nineteenth, eighteen hundred and sixty-one, in those States which have assumed the payment of said tax: Pro- tided, The Secretary of the Treasury shall be satisfied that all the duties which fairly devolved on said collectors by the law under which they were appointed have been faithfully performed by them: Afl(i provided further, That if said collectors have received compen- sation under the act to which this is supplemental, the sumn so received shall be deducted from the amount specified in this act. SEC. 2. The chief collectors shall receive a proportional amount of the sa~ry fixed by law, for each quarter in which they shall be actually and in good faith engaged in the discharge of the duties of their office. Approved October 11, 1862. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, October 11, 1862. Brig. Gemi. J. G. MARTIN, Raleigh, N. C.: SIR: In reply to your letter of the 5th instant* you are respectfully informed that it was deemed necessary, in order to insure uniformity iii the execution of the law foi~ the enrollment of conscripts, that it should be conducted under the control of the Department, and it was so ordered on the 28th of April last in General Orders, No. 30. Expe- rience has confirmed the view then taken, and it has been found that to place the enrollment of conscripts under the control of the general commanding a department subjects it to change with every change of the department comumander. General Lees orders were not intended to conflict with the policy and express orders of the Department, but * See Series I, Vol. XVIII, p. 752 Page 116 116 CORRESPONDENCE, ETC. merely to secure the valuable aid of the adjutant-general of the State in carrying that policy into effect. The only objection to the order you propose is that it conflicts with the conscript act in restricting the maximum of iufantry companies to a smaller number than is allowed by that act. The right to volunteer before enrollment is reserved by law, and the order to Major Mallett only applies to enrolled men. Orders have been given for the immediate filling up of the Virginia and North Carolina regiments a~ Richmond, because the enemy are preparing to attack the city with a heavy force. Your obedient servant, GEO. W. RANDOLPH, Secretary of War. General BEAUREGARD, RICHMOND, October ii, 1862. Charleston, S. C.: Take possession of the coin of the Bank of Louisiana in the hands of W. 11. Young, president of the Bank of Columbus, Ga., amid place it in the hands of John Boston, the depositary of the Government at Savannah. A written order will be sent immediately, but dont wait for it. G. W. RANDOLPH, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Gemieral R. E. LEE, Richmond, October 11, 1862. C~ommanding, & c.: GENERAL: In reply to your letter of the 29th*ultimo I have the honor to say that the Executive has no power to make Confederate money a legal tender between individuals. Government supplies ina~ be impressed and paid for in Treasury notes, an(i if individuals within the theater of your operations discredit the Govermuent money they may be considered as hostile to the Coiifederacy, and may be arrested amid removed from the vicinity of the army. Your obedient servant, GEO. W. RANDOLPh, Secretary of War. Ilomi. G. W. RANDOLPH CHARLESTON, S. C., October 12, 1862. Secretary of War: Order relative to Bank of Louisiana funds will be obeyed. Would it not be more prudent to s4id them to Augusta, Ga.? G. T. BEAUREGARD, General, Commanding. [Indorsement.] SECRETARY OF THE TREASURY: See General Beauregards suggestiomi. What do you think of it? G. W. R. * Series I, Vol. XIX, Part II, p. 635 Page 117 CONFEDERATE AUTHORITIES. 117 OCTOBER 13, 1862. The HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES OF AMERICA: I regret to find myself compelled to return, without my signature, an act which originated in your body entitled An act to reorganize and promote the efficiency of the Medical Department of the Provis- ional Army. I entirely concur in the desire to accomplish the objects contemplated in the act, and have delayed its return in the hope that some additional legislation might obviate the difficulties that would embarrass the operation of the act in its present form. The act seems to be based on the assumption that there exists a Medical Department of the Provisional Army, and this fact is not only set forth in the title, but some of the provisions are so worded as to be inoperative by reason of this assumption. Thus the first section provides that the rank, pay, and allowances of a brigadier-general in the Provisional Army of the Confederate States be, and the same are hereby, conferred on the Surgeon-General of the same. There exists no such officer as the Surgeon-General of the Provisional Army. The plain intent, therefore, of Congress to confer the rank of briga- dier-general in the Provisional Army on the Surgeon-General of the permanent Army would be defeated unless the language of this sec- tion be changed. According to the provisions of the law as it now stands there is a Me(lical Department organized for the permanent Army under the act of the 26th of February, 1861, entitled An act for the establishment and organization of a general staff for the Army of the Confederate States of America, the chief of which is styled the Surgeon-General. The only legislation providing for medical officers for provisional troops is the ninth section of the act of 6th of March, 1861, which emiacts that when volunteers or militia are called into time service of the Confederate States in such numubers that the officers of time Medical l)epartment, which may be authorized by law for the regular service, are not sufficient for * * * furnishing themn with the requisite mnedic~l attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress, as many additional offi- cers of the said Department as the service mnay require, not exceed- ini~ * * * one surgeon and one assistant surgeon for each regiment, * * * to continue in service only so long as their services may be required in connection with the muilitia or volunteers. rrhere is an act of 14th of August, 18411, on time same subject, but it confines the appointmuents authorized by it to such surgeons and assistant surgeons as may be necessary for time various hospitals. The third and fourtim sections of the act now returned to you per- mit and require the assignment of a imnumber of snrgeons and assist- ant surgeons to military departments, to divisions, to brigades, and to infantry and cavalry regiments largely in excess of time number allowed by the law just quoted, but no autimority is given for the appointment of the increased nuniber of medical officers, and it would be imupracticable to execute time law unless by adopting the imiadumis- sible construction that aii ammthmority to assigmm officers to duty implies amm authority to appoint new officers. Such a constructiomm wommld be time less justifiable in time present instance, because 1mm the second see- tion, in which new officers are authorized, the language of time act directs appointments to be made, but iim the third and fourth sections the lammguage is chammged and assignments only are permitted Page 118 118 CORRESPONDENCE, ETC. There is another omission in the act which may give rise to preten- sions prejudicial to the service. In declaring the rank to which the several medical officers shall b~ entitled in the Provisional Army, including those of brigadier-general, colonels, and lieutenant-colonels, no express exclusion is made of their right to command troops, as has wisely been done in the regular or permanent Army. The officers of the medical corps have long evinced the desire to have some right of command of troops in certain contingencies, and this command ought either to be expressly forbidden or the cases in which it may be exer- cised ought to be distinctly defined. The chief objection to the bill, however, remains to be stated. The fifth section is designed to effect a most humane and desirable object, but its provisions are inadequate to the end proposed. The purpose of Congress is evidently to provide some additional means for the care of the sick and wounded of armies in the field. At present after each battle the wounded are necessarily left in such temporary quarters as can be procured in the vicinity, but on the movement of the arniv most of the medical officers attached to it are compelled to follow, and the wounded are thus left with medical aid and attend- ance entirely insufficient for their relief. The fifth section of the act provides for an infirmary corps of fifty men for each brigade, officered with one first and one second lieu- tenant, two sergeants, and two corporals, but no provision whatever is made for any additional medical officers, nor does the act provide for any control by medical officers over these infirmary corps, nor assign to these corps any fixed duties. Unless some provision be made on these points the present deficiency of surgical aid will continue to exist, and the infirmary corps will necessarily follow the army to which they are attached when it moves after a battle, or, if tmeft behind, will be subject to the orders only of their own officers, who are not medical menor conflicts will arise between these officers and the medical officers. Entertaining the conviction, therefore, that this act in its present form, while entailing heavy expense, will fail in the beneficial effects cont~mplated by Congress, I deem it my duty to return it, without my approval, but with the hope that some additional legislation may be devised to accomplish the purpose contemplated by its passage. JEFFERSON DAVIS. AN ACT to extend the term of office of certain war-tax collectors. The Gougress of the Gonfederate States of America (to enact, That in those States wherein the chief collectors of the war tax have not been able to complete the duties of their office within the year for which they were appointed, the Secretary of the Treasury shall be authorized to extend the term of their offices, respectively, for such additional period as may be m~quired to complete the said duties, amid pay them for such additional term a proportional rate of the annual salary fixed by law. Approved October 13, 1862. AN ACT to punish and repress the importation, by our enemies, of notes purport- ing to be notes of the Treasury of the Confederate States. Whereas manifestly with the knowledge and connivance of the Federal (4overnmnent, and for the purpose of destroying the credit an Page 119 CONFEDERATE AUTHORITIES. 119 circulation of the rrreasury notes of this Government, immense amounts of spurious or counterfeit notes, purporting to be such Treasury notes, have been fabricated and advertised for sale in the enemys country, and have been brought into these States and put in circulation by persons in the service of the enemy: The Congress of the Confederate States [of America] do enact, [That] every person in the service of, or adhering to, the enemy, who shall pass or offer to pass any such spurious or counterfeit note or notes, as aforesaid, or shall sell or attempt to sell the same, or shall bring any such note or notes into the Confederate States, or shall have any such note or notes in his possession, with intent to pass or sell the same, shall, if captured, be put to death by hanging; and every com missioned officer of the enemy who shall permit any offense men- tioned in this section to be committed by any person under his authority, shall be put to death by hanging. Every person charged with an offense punishable under this act shall be tried by a military court in such manner and under such regulations as the President shall prescribe; and, after conviction, the President may commute the punishment to imprisonment in such manner, and for such time, as he may deem proper, and may pardon the offender on such condi- tions as he may deem proper, or unconditionally. Approved October 13, 1862. AN ACT making appropriations for the support of the Government for the month of January, eighteen hundred and sixty-three, and for certain deficien- cies and other purposes therein mentioned. The Congress of the Confederate States of America do enact, That there be appropriated and paid out of any money in the Treasury not otherwise appropriated, the following sums of money and for the fol- lowing purposes, viz: For expenses of the month of January, eighteen hundred and sixty- three, in the War Departrnent.For compensation of the Secretary of Wa~, Assistant Secretary of War, chief of bureau, clerks, messen- gers, etc., twelve thousand dollars. For incidental and contingent expenses, seven thousand dollars. Ordnance Bureau.For ordnance service in all its branches, two million five hundred thousand dollars. For thg engineer service, five hundred thousand dollars. For the purchase of iron and advances on contracts for same, five hundred thousand dollars. For the purchase and manufacture of iiiter, two hundred and fifty thousand dollars. Quartermasters Department.For. the pay of the Army, eighteen million six hundred and sixty thousand one hundred and eighty-nine dollars. For the transportation of trQops and their baggage, of quartermas- ters stores, subsistence, ordnance and ordnance stores from place of purchase to troops in the field, the purchase of horses, mules, wagons and harness, the purchase of lumbei, nails, iron and steel, for erecting store-houses, quarters for troops and other repairs, hire of teamsters, laborers, etc., seven million four hundred and sixty-four thousand and seventy-five dollars. For pay for horses of non-commissioned officers and privates killed in battle, under act number forty-eight, section seven, and for which provision is to be made, twenty-five thousand dollars Page 120 120 CORRESPONDENCE, ETC. For pay for property pressed into service of the Confederate States under appraisement, said property having been either lost or applied to the public service, thirty-seven thousand five hundred dollars. For the subsistence of prisoners of war, under act number one hun- dred and eighty-one, section first, and the hire of the necessary pris- ons, guard-houses, etc., for the safe-keeping of the same, or so much thereof as may be necessary, two hundred thousand dollars. For the bounty of fifty dollars to each non-commissioned officer, musician and private now in service for three years or for the war, to be paid at the expiration of the first years service, on the basis that sixty thousand will have to be paid, three million dollars. For the pay of officers on duty in the offices of the Adjutant and Inspector Generals Department, the Quartermaster Generals, Med- ical, Engineer, Ordnance and Subsistence Departments, sixty-four thousand six hundred and seventy dollars. iIe(lical Deparlment.For pay of private phyisicans employed by contract, from the first to the thirty-first of January, eighteen hundred and sixty-three, thirty thousand dollars. For pay of nurses and cooks, not enlisted or volunteer, from the first to the thirty-first of January, eighteen hundred and sixty-three, forty-eight thousand dollars. For pay of hospital stewards, from the first to the thirty-first Jaun - ary, eighteen hundred and sixty-three, twelve thousand dollars~ For pay of hospital laundresses, from the first to the thirty-first January, eighteen hundred and sixty-three, ten thousand dollars. For medical and hospital supplies of the Army, from the first to the thirty-first January, eighteen hundred and sixty~three, four hundred thousand dollars. For the establishment and support of military hospitals, from the first to the thirty-first January, eighteen hundred and sixty-three, thirty-seven thousand five hundred dollars. * * * * * * * For deficiencies in the Quartermasters Department for nine months to January first, eighteen hundred and sixty-three, thirty-nine million (lOll~rs. For foreign intercourse, i. e., salaries of commissioners and secre- taries for three months from January first, eighteen hundred and sixty-three, twelve thousand dollars. For medical and hospital supplies, to supply deficit in appropriation for the period extending from April first to December first,eighteen hundred and sixty-two, one million five hundred thousand dollars. For pay of private physicians employed in conjunction with the medical staff of the Army, to supply deficit in the appropriation for the period extending from April first to December first, eighteen hun- dred and sixty-two, fifty thousand dollars. To pay interest on five hundred thousamid dollars borrowed by Gen- eral Hmudman from Branch Rank of Tennessee on the twenty-eighth May, eighteen hundred and sNty-two, and returned July seventeenth, eighteen hundred and sixty-two, four thousamid one hundred and nine dollars. * * * * * * * Gonumissary Generals Departrnerd.For the purchase of subsist- ence for the Army for the month of January, eighteen hundred and sixty-three, six muillion five hundred and seventy-one thousand six hundred and seventy-two dollars and ninety-one cents. * * * * * * * Approved October 13, 1862 Page 121 CONFEDERATE AUTHORITIES. 121 AN ACT authorizing the suspension of the writ of habeas corpus. The Congress of the Confederate States of America do enact, That during the present invasion of the Confederate States, the President shall have power to suspend the privilege of the writ of habeas corpus in any city, town, or military district, whenever in his judgment the public safety may require it; but such suspension shall apply only to arrests made by the authorities of the Confederate Government, or for offenses against the same. SEC. 2. The President shall cause proper officers to investigate the cases of all persons so arrested, in order that they may be dis- charged, if improperly detained, unless they can be speedily tried in due course of law. SEC. 3. This act shall continue in force for thirty days after the next meeting of Congress, and no longer. Approved October 13, 1862. CONFEDERATE STATES OF AMERICA, TREASURY DEPT., Richmond, October 14, 1862. Hon. G. W. RANDOLPH, Secretary of War: SIR: I have received the telegrani sent by General Beauregard to you. I infer that General B. thinks that because the order has been given to transfer the money to John Boston, depositary at Savannah, that it is intended to remove the same to Savannah. Mr. Boston has been ordered to appoint W. H. Young, president of the Bank of Columbus, his agent to receive the same from the military authori- ties, and to hold it on deposit at Columbus. As Mr. Young is now in actual possession of the coin, the transfer will be merely formal, so as to divest the title of the Bank of Louisiana. If, however, it is the opinion of yourself or General Beauregard that the coin is not safe at Colun bus or that it had better be removed to Augusta, please let me know and I will give directions accordingly. General B.s telegram is herewith retnrned.* With much respect, C. G. MEMMINGER, Secretary of the Treasury. RICHMOND, October 14, 1862. General BEAUREGARD, Charleston, S. C.: President Young has been appointed a (lcpositary by Mr. Boston. You may therefore leave the money in Youngs hands upon his con- senting to receipt for it as the dcpositary of the Treasury Depart- inent. G. W. RANDOLPH, & cretary of War. CHARLESTON, S. C., October 14, 1862. General S. COOPER, Assistant Adjutant- General, & c., Richmond, Va.: President Young refused to give up the coin; forcible possession taken; guard placed over it. Where shall it be sent ~ Enemy appears *See Beauregard to Randolph, October 12, p. 116 Page 122 122 CORRESPONDENCE, ETC. to be preparing for a movement near Port Royal Ferry. My forces there are very weak. Could they not be increased from sources beyond my reach? G. T. BEAUREGARD. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 240. ~ Richmond, October 14, 1862. * * * * * * * XXXIII. Generals commanding military districts in the Trans- Mississippi Department will afford all reasonable facilities for the introduction and transportation of niter and lead from Mexico, or through the Gulf ports. Upon requisition from officers of the Niter and Mining Bureau they are authorized and required to cause their several quartermasters to provide transportation for munitions so imported when in so doing the movement of troops and the trans- portation of their necessary supplies is not interfered with. * * * * * * * XXXVI. General G. T. Beauregard will detail an officer to seize the $2,539,798.79 in coin, the property of the Bank of Louisiana now deposited at Columbus, Ga., in the hanis of W. II. Young, president of the Bank of Columbus, for safe-keeping, and deliver the same to John Boston, depositary of the Government at Savannah, Ga., or to any agent whom he may appoint to receive it. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. XDJUTANT AND INSPECTOR GENERALS OFFICE, Col~ A. C. MYERS, Richmond, October 15, 1862. Quartermaster- General, Richmond: SIR: The Secretary of War directs that you select some suitable officer of your department in this city to receive the sums paid in by members of the Dunkard Society to secure exemption from military service. This officer will perform this duty until further orders. rrhis order will include also the members of the societies of Friends, Mennonites, and Nazarenes. Very respectfully, & c., S. COOPER, Adjutant and Inspector General. RICHMOND, October 15, 1862. General G. T. BEAUREGARD, Charleston, S. C.: The Secretary of the Treasury desires to have the coin turned over to T. S. Metcalf, the Government depositary at Augusta. You will dispose of it accordingly G. W. RANDOLPH, Secretary of War Page 123 CONFEDERATE AUTHORiTIES. 123 COLUMBUS, GA., October 16, 1862. Mr. W. H. YOUNG, President of Bank of Columbus5 Ga.: In accordance with an order from General Beauregard I beg leave to make this my formal and official demand upon you to deliver to inc certain kegs and boxes of coin removed from the city of New Orleans and now in yonr custody in the vault of the Bank of Colum- bus. In case of your refusal to comply with this demand I shall feel it my duty to take forcible military possession of said coin to comply on my part with the aforesaid order from General Beauregard. I have the honor to be, your obedient servant, A. G. RICE, A ide-dc- Camp. COLUMBUS, GA., October 16, 1862. Received from W. H. Young, president of the Bank of Columbus, 57 kegs, said to contain $2,323,798.79 in gold coin, and 201 boxes and 3 kegs, said to contain $216,000 in silver coin. W. II. Young, as presi- dent and individually, disclaims all knowledge of the contents of said kegs and boxes, which were originally received from R. M. Davis, president of the Bank of Louisiana, and deposited in time vault of the Bank of Columbus, Ga. A. G. RICE, A ide-de- Camp. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., October 16, 1862. His Excellency Governor LETCHER, Richrn7on (1, [a.: SIR: ~ have received from the adjutant-general of Virginiaacopyof an order to the superintendent of the Military Institute at Lexington directing him not to surrender any cadet who may be claimed as a conscript by the Confederate authority until the constitutionality of the act of Congress called the conscription law shall have been tested, the legislative will of the State ascertained, or until further orders.. Presuming that you desire to avoid collisions between the authorities of the State and of the Confederacy, and that you will aid me in adjust- ing the difference without a resort to force, I propose that a case shall be immediately made for the Supreme Court of Appeals of the State, in which the constitutionality of the conscript act can be tested. This may be done by the enrollment of a cadet and an application for a writ of habeas corpus on the part of the superintendent of the institute. If you will direct him to pursue this course I will order the necessary enrollment to be made at such time and place as you may designate, and I will also give orders that pending the trial under the writ the cadet may be allowed to reThain at the institute, subject to the order of the War Department. As my only wish is to obtain a speedy decision of a question threat- ening us with so much peril, I desire to avoid all controversy about forms of proceeding, and will acquiesce in any arrangement by which the constitutionality of the act can be tested Page 124 124 CORRESPONDENCE, ETC. In the absence of a Supreme Court of the Coufederate States I am happy at having it in my power to submit the question to a tribunal so pure and so intelligent as the Supreme Court of Appeals of Virginia. Very respectfully, your obedient servant, GEO. W. RANDOLPH, Secretary of War. [OCTOBER 16, 1862. For Lee to Randolph, in relation to Confeder- ate money, see Series I, Vol. XIX, Part II, p. 668.] CONFEDERATE STATES OF AMERICA, DEPT. OF JUSTICE, Richmond, Va., October 17, .1862. lIon. GEORGE W. RANDOLPH, Secretary of War: SIR: I have the honor to acknowledge the receipt of the letter of Lewis Cruger, comptroller, & c., addressed to you on the 14th instant, propounding certain questions hereinafter more specifically noticed. You ask my opinion on the questions thus presented. How far Gov- eminent is bound to indemnify individuals, its inhabitants, for dam- ages sustained during war has been a mooted question for centuries. Of course each government must decide this question for itself, and be guided in the decision by its own fundamental law or constitution. When a government has a written constitution prescribing its duties and powers, these duties and powers must be examined in ascertain- ing whether the damages sustained in war create such an obligation as is within the power of the legislative department to provide for. The Constitution of the Confederate States divides the powers and duties of the Confederate Government into three separate and distinct (lepartments, the legislative, judicial, and executive. The powers of the legislative department are specimlly defined, and its duties, though not specifically defined, are, nevertheless, clearly made known. Con- gre~s, the organ of the legislative department, has not only no power to bestow gt~atuities or gifts, but is by the first clause of eighth section, first article, of the Constitution prohibited from granting bounties. The Government of the Confederate States has vested in it the power to declare and carry on war and to conclude peace. The States corn- posing the Confederacy have no war-making powers, and are expressly forbidden to keep troops or ships of war in time of peace, and to engage in war unless actually invaded or in such imminent danger as will not admit of delay. By virtue of this exclusive right to make war and raise and support armies for the defense of States and people, the Confederate Government has the right to seize private property for the public use. This right is recognized distinctly in the sixteenth clause, ninth section, article first, of the Constitution. rllhis right of taking private property t~or the public use is coupled with the duty of providing just compensation for the property so seized. rrhe power to take cannot be constitutionally exercised without the performance of the duty to provide the pay. This has been repeatedly decided by the highest judicial authority. There are other damages sustained in war besides those arising from taking private property for public use, which would create an obligation no just State having the ability and the power by its constitution to pay could resist. Vattel, on page 402, says damages sustained in war are divided into two kindsthos Page 125 CONFEDERATE AUTHORITIES. 125 (lone by the state itself and those done by the enemy. Those done by the state are subdivided into two kinds: those done deliberately, by way of precantion, for the public safety, and those caused by inevitable necessity. Of the first kind caused by the state itself Vattel gives as examples: When a field, a house, or a garden belonging to a private person is taken for the purpose of erecting on the spot a tower, rampart, or any other piece of fortifi- cation, or when his standing corn or his store-houses are destroyed to prevent their being of use to the enemy, all such damages are to be made good to the individual, who should bear only his quota of the loss. Damages caused by inevitable necessity, such as the destruction caused by the artillery in retaking a town from the enemy, are accidents, misfortunes, which chance deals out to the proprietors on whom they may happen to fall. The sovereign, indeed, ought to show an equitable regard for the sufferers, if the situation of his affairs will admit of it. N3 action lies against the state for mis- fortunes of this nature for losses which she has occasioned, not willfully, but through mere accident in the exercise of her rights. Damages caused by the enemy to individuals are mere accidents of war, and have not generally been considered as creating any just charge against the state. (Vattel, 402.) But under our Government Congress must determine what damages shall be paid for and make appropriations for the indemnity. No other department of the Government has the constitutional right to determine the question. In the absence of a law the Executive Department, where the public necessity was so imperative as to admit of no delay, has frequently exercised the power to appropriate pri- vate property for the public use. The impending necessity which occasioned the act may be said to furnish the justification. (See Ilarnion vs. Mitchell, 13 how., 115.) In all such cases the legislative (lepartment would provide the just compensation for the property so seized. The facts presemited by the letter referred to me, and on which mny opinion is asked, show that vessels belonging to private mdi- vidnals, citizens of the State of Virginia, were seized as a muilitary necessity, by order of the commanding general (Joseph E. Johnston), and sunk in the Pamunkey River to impede the advance of enemys guu-bo~ts. The public necessity certainly justified General Johnston in this use of private property, and I have no doubt that just comu- pensation should be made to the owners of the vessels so destroyQd. But nuder our Constitution no money shall be drawmm from the Treasury but in consequence of appropriations made by law. The law-making power of the Government must therefore act before any muoney can constitutionally get out of the Treasury. Congress is the law-muaking power of the Government. Congress cami appropriate no money from the Treasury 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 the Departmnents and submitted by the President, save in two cases expressly named in the Constitution. The Constitution requires that all bills appropriating money shall specify in Federal currency th~ exact amount of each appropriation an(l the purposes for which it is made. Unless, therefore, an appro- priation has been made by Congress for the payment of the damages to the owners of the vessels thus seized and appropriated to the pub- lic use no payment can legally be made to them. I have examined the appropriation act of the last session of Congress, and I can find none out of which these claims can be legally paid. I have the honor to remain; very respectfully, your obedient servant, T. H. WATTS, Attorney- General Page 126 126 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 76. Richmond, October 17, 1862. Maj. A. H. Cole, quartermaster, is announced as inspector-general of field transportation for the C. S. Army, headquarters Richmond, Va. All officers of the Quartermasters Department will report to hini without further orders the number of wagons, horses, mules, sets of harness, and their condition. The chief quartermasters of the arini~s iu the field will see that this order is observed by all officers of the Quartermasters Depart- inent within the limits of their respective commands. By order: S. CQOPER, Adjutant and Inspector General. JACKSON, October 17, 1862. (Received 18th.) his Excellency JEFFERSON DAVIS: rrhe importance of salt to be exchanged for cotton is regarded here as a necessity. Many have no bacon and no salt; are living on vege- tables and bread without salt. I hope you will not order it stopped until you have all the facts. Will write you to-morrow at length. J. J. PETTUS. [First indorsement.] Secretary of War for notice and remarks. J. D. [Second indorsemont.] OCTOBER 19, 1862. Respectfully returned to the President. Orders have been given to prevent cotton from being sent to any port in possession of the enemy. The penalties of the two acts of Coi~ress of May 21, 1861, and April 19, 1862, are very heavy, and the acts are a very clear expression of the legislative will. G. W. RANDOLPH, Secretary of War. [OCTOBER 17, 1862.For Jones to Randolph, recommending the temporary suspension of the execution of the conscript act in East Tennessee, & c., see Series I, Vol. XVI, Part II, p. 933.] CONFEDERATE STATES OF AMERICA, DEPT. OF JUSTICE, Richmond, October 18, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War: SIR: In reply to your request to give you my opinion how far the exemption act of last session of Congress is retrospective, I submit for your consideration the following: In ascertaining the correct construction of the last exemption law it may be profitable, if not necessary, to glance at all the legislatio Page 127 CONFEDERATE AUTHORITIES. 127 of Congress on the subject of conscription. The exemption acts of the last and preceding sessions of Congress must to some extent be regarded as parts of the conscription acts of those sessions. Each conscription act refers to exemptions, either then or to be provided for. The first conscription law authorized the President to call out and place in the military service of the Confederate States all white men who were residents of the Confederate States, between the ages of eighteen and thirty-five at the time the call was made, not legally exempt from military service. All of the prescribed age who were then in the service, and who had enlisted for a period of less than three years, were by this act retained in the service for three years from their enlistment, unless the war should be sooner terminated. The act did not operate on those who had enlisted for three years or the war, except that the eleventh section gave the privilege of electing officers to certain battalions, squadrons, and regiments. The first exemption act in most of its provisions operated only on those persons not then in the military service of the Confederate States or those liable to be called into the service. The conscription act of the last session of Congress authorizes the President to call out and place in the military service of the Confederate States all white men, residents of the Confederate States, between the ages of thirty-five and forty-five years at the time the call or calls may be made, who are not at such time or times legally exempted from military service, & c. The exemption act of the last session of Congress repeals by express terms the first, and was evidently intended as a substitute for it. How far it was intended to act retrospectively must be ascertained from its provisions interpreted by the rules given for the construction of stat- utes. No statute is presumed to be retrospective. Except as to reme- dial statutes, the presumption is always against a retrospective operation. It has been repeatedly adjudicated that a retrospective operation will not be given to a statute unless the intention that it shall so operate clearly appears. In ascertaining the true intention of the statute we are to look at and compare all parts of it; some- times at other statutes to be taken in pan materia with it; the good propose~l to be effected, the evil proposed to be remedied, the language used, and the context. It may well be that some parts of a statute are intended to be retro- spective and others prospective, or intended to operate in prcrsenti. This exemption act in most of its provisions is expressly rcstricted to the time of its enactment. I have carefully examined and analyzed each provision exempting classes of persons, and I am satisfied that there is but one provision which can be rationally considered as retro- spective to any extent. It is by no means certain that even this can be so considered. I allude to that provision which undertakes to secure the proper police of the country~~ by relieving the agents, owners, or overseers of plantations from service. It seems to me, however, that an evil which existed under the first exemption act was to some extent intended to be ~rovided for by this part of the last law. In giving proper effect to this exemption act it must not be overlooked that the first as well as the last exemption act relieves from military service in the Army of the Confederate States. Those persons between the ages of eighteen and thirty-five years who have only been called out and not mustered into the service are entitled to the benefits of the last exemption law. To exempt means to free from an anticipated burden or duty to which others may be subject. To discharge means to release from a present burden or duty. Th Page 128 128 CORRESPONDETCE, ETC. spirit of the law, if not the letter, might authorize a discharge of persons in actual service in order to secure the proper police of the country. Whilst the language of the present exemption law in all the provisions, except the one before noticed, confines it to the time of its enactment in ascertaining the persons to be exempted, it must not be overlooked that the conscription act of the last session of Congress subjects only those to military service who are between the ages of thirty-five and forty-five at the time the call is made, and who are at such time not legally exempt. I have the honor to remain, very respectfully, your obedient servant, T. II. WATTS, Attorney- General. CANTON, GA., October 18, 1862. His Excellency JEFFERSON DAVIS: DEAR SIR: The act of Congress passed at its late session extending the conscription act, nulike its predecessor of which it is amendatory, gives you power in certain contingencies, of the happening of which yon must be the judge, to suspend its operation and accept troops from the States under any of the former acts upon that subject. By former acts you were authorized to accept troops from the States organized into companies, battalions, and regiments. The conscrip- tion act of 16th of April last repealed these acts, but the late act revives them when you suspend it. For the reasons then given I entered my protest against the first conscription act on account of its unconstitutionality and refused to permit the enrollment of any State officer, civil or military, who was necessary to the integrity of the State government. But on account of the emergencies of the country growing out of the neglect of the Confederate authorities to call upon the State for a sufficient amount of additional force to supply the places of the twelve-months troops, and on account of the repeal of the former laws upon that subject, having for the time placed it out of your power to accept trool)s organized by the States in the constitu- tional mode, I interposed no active resistance to the enrollment of persons in this State between eighteen and thirty-five who were not officers necessary to the maintenance of the government of the State. The first conscription act took from the State only part of her military force. She retained her officers and all her militia between thirty- five and forty-five. Tier military organization was neither disbanded nor destroyed. She had permitted a heavy draft to be made upon it, without constitutional authority, rather than her fidelity to our cause should be questioned or the enemy should gain any advantage grow- ing out of what her authorities might consider unwise councils. But she still retained an organization subject to the command of her con- stituted authorities, which she could use for the protection of her public property, the execufriomi of her laws, the repulsion of invasion, or the suppression of servile insurrection which our insidious foe now proclaims to the world that it is his intention to incite, which if done mnay result in an indiscriminate massacre of helpless women and children. At this critical period in our public affairs, when it is absolutely necessary that each State keep an organization for home protection, Congress with your sanction has extended the conscription act to embrace all between thirty-five and forty-five subject to military duty Page 129 129 CONFEDERATE AUTHORITIES. giving you the power to suspend the act a~s above stated. If you refuse to exercise this power and are permitted to take all between thirty-five and forty-five as conscripts, you disband and destroy all military organization in this State and leave her people utterly power- less to protect their own families even against their own slaves. Not only so, but you deny to those between thirty-five and forty-five a privilege of electing the officers to command them, to which, under the Constitution of the Confederacy and the laws of tins State, they are clearly entitled, which has been allowed to other troops from the State, and was to a limited extent allowed even to those between eighteen and thirty-five under the act of April 16, as that act did allow them thirty days within which to volunteer under such officers as they might select, who chanced at the time to have commissions from the War Department to raise regiments. If you deny this rightful priv- ilege to those between thirty-five and forty-five and refuse to accept them ~s volunteers with officers selected by them in accordance with the laws of their State and attempt to compel them to enter the serv- ice as conscripts, my opinion is your orders will only be obeyed by many of them when backed by an armed force which they have no power to resist. The last act, if I construe it correctly, does not give those between thirty-five and forty-five the privilege nuder any cir- cumstances of volunteering and forming themselves into regimental organizations, but compels them to enter the present organizations as privates under officers heretofore selected by others, until all the present organizations are filled to their maximum number. This injustice can only be avoided by the exercise of the power given you to suspend the act and call upon the States for organized companies, battalions, and regiments. I think the history of the past justifies inc in saying that the public interest cannot stiffer by the adoptioum of this course. When you made a requisition upon me in the early part of February last for twelve regiments I had them all, with a large additional mmumber in the field, subject to your command and ready for service in about one month. It has now been over six mouths since the passage of the first c~iscription act and your officers during that time have not probably enrolled and carried into service from this State conscripts exceeding one-fourth of the number furnished by me as volunteers in one month; while the expense of getting the conscripts into service has probably been four times as much as it cost to get four times the numnber of volunteers into the field. In consideration of these facts I trust von will not hesitate to exercise the power given you by the act of Congress and make an early requisition (which I earnestly invite) upon the Executive of this State for her just quota of the addi- tional number of troops necessary to be called out to meet the hosts of the invader, the troops to be organized into companies, battalions, and regiments in accordanec with the laws of this State. r~ he prompt and patriotic response made by the people of Georgia to every call for volunteers justifies the reasona%le expectation that I shall be able to fill your requisitiom in a short time after it is made, and authorizes me in advance to pledge prompt compliance. This can be done, too, when left to the State authorities, in such a way as not to disband nor destroy her military organization at home, which must be kept in existence to be used in case of servile insurrection or other pressing necessity. If you should object to other new organizations on the ground that they are not efficient, I beg to invite your attention to the 9 R RSERIES Iv, VOL I Page 130 130 CORRESPONDENCE, ETC. conduct of the newly organized regiments of Georgians, and indeed of troops from all the States upon the plains of Manassas, in the battles before Richmond, upon James Island near Charleston, at Shuloli, at Richmond, Ky., and upon every battle-field whenever and wherever they have met the invading forces. If it is said that some of our old regiments are almost decimated, not having more than enough men in a regiment to form a single company; that it is too expensive to keep these small bands in the field as regiments, and that justice to the officers requires that they be filled up by conscripts, I reply that injustice should never be doiie to the troops for the pur- pose of saving a few dollars of expense, and that justice to the men now called into the field as imperatively requires that they shall have the privilege allowed to other troops to exercise the constitutional right of entering the service under officers selected and appointed as directed by the laws of their own State as it does that officers in serv- ice shall not be deprived of their commands when their regiments are worn ont or destroyed. Our officers have usually exposed themselves in the van of the fight and shared the fate of their men; hence bnt few of the original experienced officers who went to the field with our old regiments, which have won so bright a nanie in history, now sur- vive, but their places have been filled by others appointed in most cases by the President. They have, therefore, no just cause to claim that the right of election, which belongs to every Georgian, shall be denied to all who are hereafter to enter the service for the purpose of sustaining them in the offices which they now fill. If it becomes necessary to disband any regiment on account of its small numbers let every officer and private be left perfectly free to unite with such new volunteer association as he thinks proper, and in the organiza- tion and selection of officers it is but reasonable to suppose that mod- est merit and experience will not be overlooked. The late act of Congress if executed in this State not only does gross injustice to a large class of her citizens, utterly destroys all State military organizations, and encroaches upon the reserved rights of the State, but strikes down her sovereignty at a single blow and tears from her ~he rioht armn of strength by which she alone can maintain her existence and protect those most dear to her and most dependent upon her. The representatives of the people will muect in General Asseni- bly on the 6th day of next month, and I feel that I should be recreant to the high trust imposed in mue were I to permit the virtual destruc- tion of the government of the State before they shall have had ~ to convene, deliberate, and act. Referring, in connection with the con- siderations above muentioned, to our former correspondence for the rea- sons which satisfy my mind beyond doubt of the unconstitutionality of the conscription acts, and to the fact that a judge in this State of great ability, in a case regularly brought before him in his judicial capacity, has pronounced the law unconstitutional, and to the further fact that Congress has lately passed an additional act authorizing you to suspend the privilege of tfte writ of habeas corpus, doubtless with a view of denying to the judiciary in this very case the exercise of its constitutional functions for the protection of personal liberty, I can no longer avoid the responsibility of discharging a duty which I owe to the people of this State by informing you that I cannot permit the enrollment of conscripts under the late act of Congress entitled An act to amend the act further to provide for the common defense until the General Assembly of this State shall have convened and taken action in its premises. The plea of necessity set up for conscriptio Page 131 CONFEDERATE AUTHORITIES. 131 last spring, when I withheld active resistance to a very heavy draft upon the military organization of the State under the first conscrip- tion act, cannot be pleaded after the brilliant successes of onr gallant armies during the snmmer and fall campaign, which have been achieved by troops who entered the service not as conscripts but as volunteers. If more troops are needed to meet coming emergencies, call upon the State and you shall have them as volnnteers much more rapidly than your enrolling officer can drag conscripts like slaves in chains to camps of instruction. And who that is not blinded by prejudice or ambition can doubt that they will be much more effective as volun- teers than as conscripts? The volunteer enters the service of his own free will; he regards the war as much his own as the Governments war, and is ready, if need be, to offer his life a willing sacrifice upon his countrys altar; hence it is that our volunteer armies have been invincible when contending against vastly superior numbers with every advantage which the best equipments and supplies can afford. Not so with the conscript. He may be as ready as any citizen of the State to volunteer if permitted to en.joy the constitutional rights which have been allowed to others in the choice of his officers and associates, but if these are denied him and he is seized like a serf and hurried into an association repulsive to his feelings and placed under officers in whom he has no confidence, he then feels that this is the Govern- ments war, not his; that he is the iuere instrument of arbitrary power, and that he is no longer laboring to establish constitutional liberty, but to build up a military despotism for its ultimate but certain over- throw. Georgians will never refuse to volunteer as long as there is an enemy upon our soil and a call for their services; but if I mistake no~ the signs of the times they will require the Government to respect their plain constitutional rights. Surely no just reason exists why you should refuse to accept volunteers when tendered, and insist on replenishing your armies by conscription and coercion of free men. The question, then, is not whether you shall have Georgias quota of troops, for they are freely offeredtendered in advancebut it is whetheryou shall accept them when tendered as volunteers, organ- ized as the Constitution and laws direct, or shall, when the decision is left with you, insist on rejecting volunteers and dragging the free citizens of this State into your armies as conscripts. No act of the Government of the United States prior to the seces- sion of Georgia struck a blow at constitutional liberty so fell as has been stricken by the conscription acts. The people of this State had ample cause, however, to justify their separatiou from the old Gov- ernment. They acted coolly and deliberately in view of all the respon- sibilities, and they stand ready to-day to sustain their action at all hazards and to resist submission to the Lincoln Government and the reconstruction of the old Union to the expenditure of their last dollar and the sacrifice of their last life. Having entered into the revolu- tion free men, they intend to emerge from it free mcii. And if I mis- take not the character of the sons, judged by the action of their fathers against Federal eneroachments under Jackson, Troup, and Gilmer, respectively, as executive officers, they will refuse to yield their sovereignty to usurpation and will require the Government, which is the common agent of all the States, to move within the sphere assigned it hiy the Constitution. Very respectfully, your obedient servant, JOSEPH E. I3ROWN Page 132 132 CORRESPONDENCE, ETC. CONFEDERATE STATES DEPOSITORY, Augusta, Ga., October 18, 1862. Received of Col. A. G. Rice, for account of the Secretary of the Treasury, 201 boxes and 60 kegs, said to contain $2,539,798.79. THOS. S. METCALF, Confederate States Depositary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., October 20, 1862. His Excellency JEFFERSON DAVIS, President Confederate States of America: SIR: I have examined the census returns of 1850 for the purpose of ascertaining the limit to which it is desirable t~ extend the age of con- scription, and beg leave to submit the following statement deduced from those returns: I find that the white population of the Confederate States in 1850, excluding Kentucky and Missouri, amounted to 4,341,948. Adding a third for the estimated increase since 1850, we have the present white population at 5,789,197. Parts of Virginia and Tennessee being in the possession of the enemy, we may estimate the available white population at 5,000,000, and the male population at 2,500,000. The conscript age, from eighteen to thirty-five, embraces 28.74 per cent. of the whole, and gives 718,500 subject to conscription under existing laws. An extension of the age to forty embraces 5.8 per cent. more, and gives an addition of 145,000, and a further extension to forty-five adds 4.06 per cent., or 101,500. The first extension, together with the present conscription, will give 86:3,500 subject to military service, and estimating the exempts at three-sevenths, we shall have a force in the field of 493,500, or, in round num1~rs, half a million of men. It is questionable whether a larger number can be fed, clothed, and armed, and I fear that a greater addition to the Army than that pro- posed would rather impair than increase its efficiency. Numbers are only one element of strength. We shall gain more after icaching a certain point by proper attention to subsistence and equipmeiits than by mere addition to the numerical strength of our forces. Five hundred thousand men will be S per cent. of our entire popu- lation, black and white. This is a larger proportion than European powers place in the field, and quite as large a number as a prudent regard to our resources will at present justify. I therefore recommend that the conscript age be not extended at this time beyond forty years. Very respectfully, your obedient servant, GEG. W. RANDOLPh, Secretary of War. [Ludorsement.] OCTOBER 20, 1862. The present call will be limited to men under forty years old. JEFFERSON DAVIS Page 133 CONFEDERATE AUTHORITIES. 133 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Hon. C. G. MEMMINGER, Richmond, October 20, 1862. Secretary of the Treasury: SIR: I have received your letter of the 16th instant inquiring as to an officer by whom bonds may be sent to Europe. In reply I have the honor to say that the Department knows of no opportunity of sending bonds abroad. Major Ferguson was detailed for the purpose of carrying out funds to purchase winter clothing for the Army, and he left here under the impression that the bonds he took with him were for this purpose. If not so applied, the arrangement of the Department for securing a supply of winter clothing will be defeated, and it is now too late to make ally other arrangements in time to meet the wants of our soldiers. I must therefore most earnestly request that the bonds carried out by Major Ferguson be applied to the pur- pose indicated. Had the Department been informed at the time that Major Ferguson was taking out the bonds for other purposes, some other arrangement would have been attempted. Very respectfully, your obedient servant, GEO. W. RANDOLPH, Secretary of War. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 24~. Richmond, October 20, 1862. * * * * * * * XXIX. Officers commanding camps of instruction under the con- scription acts will cause the enrollment of conscripts to be extended to all men not subject to exemption who are between eighteen and forty years of age. By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. EXECUTIVE COUNCIL CHAMBER, General G. T. BEAUREGARD, Golumbia, S. C., October 20, 1862. Commanding Department of Georgia, & c.: SIR: I have the honor to inclose (by order of the Governor and Council) an ordinance to provide for the removal of negroes, & c., and report of Special Committee No. 2, adopted by the convention of South Carolina. Very respectfully, your obedient servant, B. F. ARTHUR, Clerk of the Convention. [Inclosure No. 1.] AN ORDINANCE to provide for the removal of negroes and other property from portions of the State which may be invaded by the enemy. We, the people of the State of South Carolina, in convention assem- bled, do declare and ordain, and it is hereby declared and ordained: SECTION 1. That for the purpose of more fully accomplishing the objects of this ordinance, there shall be elected by this convention Page 134 134 CORRESPONDENCE, ETC. commission of three citizens for each of the districts of lorry, George- town, Charleston, Colleton, and Beaufort; and the citizens constituting snch commission shall be fully authorized to exercise the powers hereinafter provided for the said commission. SEC. 2. That whenever there shall be reason to believe that any por- tion of the State not now in the actual possession of the enemy may come into his possession, or the commanding general of the Confeder- ate forces shall notify any one of the said commissions that a removal of the slaves within the district of said commission, or any portion thereof, is necessary for the successful prosecution of his military duties, or it shall appear to the said commission that such removal is otherwise required by the public interest, it shall be the duty of the commission for the district in which portion of the State it may be to notify all persons therein residing and owning negroes, or having them in charge, forthwith to remove and take with them, beyond a line to be designated by the commissioners, such negroes and such other property to them belonging or in their charge as it may be practicable to carry with them. And for such removal the said com- mission shall give such aid as may be necessary and it can command. And if any person or persons residing in such portions of the State and there owning or having negroes in charge shall, after having received from the said commission the notice before mentioned, refuse or neglect to remove and take with them such negroes, it shall then be the duty of the said commission to compel the removal of such negroes. And the said commission shall, in all cases where it may be necessary, apply to the commanding officer of the military forces in the district for such aid as may be requisite for the removal of any negroes and conducting them to a place of safety. SEC. 3. It shall be the duty of the said commission, in all cases of removal of negroes under this ordinance, to cause to be carried and removed with such negroes, if practicable, so much of the provisions which belong to the owner or owners or persons having charge of ~uclm negroes as will be necessary for their support, or to sell the same and apply the proceeds to the support of such negroes. Sec. 4. In all cases where the owner or owners or persons having charge of negroes to be removed under this ordinance shall have pre- pared or provided a place or places to which such negroes can be carried, it shall be the duty of the said commission to give to the owner or owners or persons having charge of such negroes such aid for their removal as may be necessary and the commission can com- mand. And if the owner or owners or persons having charge of negroes to be removed under this ordinance shall not have prepared or provided any place or places to which such negroes can be carried, it shall then be the duty of the said commission to cause such negroes, with the provisions for their support, to be remov~ed and carried to such place or places as the said commission shall or may procure with the consent of the owner or owners of such place or places and upon such terms as may be agreed upon for the use and occupation of such place or places. And upon the removal of the negroes and provisions, if any, to such place qr places they shall be no longer under the charge of the said commission, but shall be restored to the control of the owner or owners or persons entitled to the charge of them. SEC. 5. It shall be the duty of the said commission without delay to procure and provide places to which negroes may be carried under this ordinance. And to such of these places as may be considered best for that purpose it shall be the duty also of the said commissio Page 135 CONFEDERATE AUTHORITIES. 135 to cause to be carried, and there safely kept, such supplies of pro- visions as the said commission may and is hereby authorized to pur- chase. And such supplies of provisions at such places shall be considered public granaries, to be used under the authority of the said commission for the support of negroes removed under this ordi- nance and whose owner or owners or persons in charge of them are unable otherwise to provide for their support. SEC. 6. Whenever the owner or owners or persons in charge of negroes removed under this ordinance shall be unable to employ them at the place or places to which they have been removed, it shall be the duty of the said commission to confer with the executive authority of this State as to the employment which can be given to such negroes on the public works, or in the public service of the State, or in any other manner by which the expense of their removal or support can be saved. And in all such cases the owner or owners or persons in charge of such negroes, if practicable, shall be consulted as to the employment of such negroes, and all such regulations shall be made for their safety and protection as such owner or owners or persons in charge of such negroes shall reasonably suggest. SEC. 7. The said commission shall maintain frequent communica- tions with the commanding general of the Confederate forces within this State, that it may be constantly informed of the necessity which may from time to time exist or arise for its exercise of the powers herein given and its discharge of the duties hereby imposed. SEC. 8. The said commission shall keep a record of all its proceed- ings under this ordinance and report the same to the General Assembly of this State at its next annual meeting, unless previous to that time this convention shall be again assembled, and if so, such report shall then be made to this convention. SEC. 9. When any sum of money shall be expended by or under the authority of the commissions herein provided for, in the removal or support of the slaves, or in the removal of the produce or other prop- erty of any person, there shall be a specific li.en upon the said slaves of such person for the repayment of the said sum of money after the termiTmation of the existing war; which lien may be siunmarily enforced by seizure and sale. SEC. 10. The said commissions are hereby authorized to draw upon the treasury of the State for the sums of money which may be neces- sary to enable them to execute the provisions of this ordinance, and that the Legislature be directed to provide ways and means to reim- burse the treasury. SEC. 11. That in the event of any vacancy in said conLIuissiOlL the commission shall have power to fill such vacancy. SEC. 12. That all corporations and owners of ferries whose means and facilities of transportation may be used in carrying out the pur- poses of this ordinance shall not be allowed to charge more than half the present rates. Done at Columbia the 2d ~1ay of January, in the year of our Lord 1862. D. F. JAMISON, President of the Gonvention. B. F. ARTHUR, Clerk of the Convention. Resolced, That any person or persons willing immediately or in anticipation of the order of the commission to remove the negroes an Page 136 136 CORRESPONDENCE, ETC. necessary provisions for their support, under the terms of an ordinance entitled An ordinance to provide for the removal of negroes and other property from portions of the State that may be invaded by the enemy, be, and the same are hereby, entitled to receive all such aid on application to the commission as is prescribed by said ordinance to be afforded to those who remove on notice; and the commission is hereby directed to afford the said aid so far as the same may be expe- dient or practicable; and further, that all means of transportation shall be afforded by corporations and private ferries under the terms of said ordinance. [B. F. ARTHUR,] Clerk of Convention. [Inclosure No. 2.] In convention of the people of the State of South Carolina, in secret session. The special committee No. 2, charged with considering and reporting upon the proper action of the State in case at any time further valuable portions of our territory should be pronounced untenable by the military authorities, respectfully report that they immediately on, their appointment proceeded to consider the grave matter committed to their charge, and after several consultations concluded to hold their report until the convention should act on the reports of special committees Nos. 1 amid ~. This committee unani- mously concur in the general line of policy indicated in the ordinance reported by special committee No. 1 and adopted by the convention, and ask leave to report resolutions to extend the provisions of the original ordinance to white inhabitants of Charleston incapable of conducting their own removal, and to modify its provisions in refer- ence to the removal of negroes from that city. In regard to the city of Charleston, your committee cannot believe that it will ever be pro- nounced untenable by the military authorities until the trial of strem~gt.h amid endurance has beemi tested to the uttermost. They reco~uniend that it should be expressed as the sense of the people of South Carolina, assembled in convention, that Charleston should be defended at any cost of life or property, and that in their deliberate judgment they would prefer a repulse of the enemy with the entire city in ruins to an evacuation or surrender omi any terms whatever. The conimittee oppose altogether the idea of abandonment until both the defending army and the city are so far destroyed that no provis- ion need be made for further action. If, however, the city should be abandoned to the enemy, contrary to the expressed wish of the people of the State, your committee cannot bring themselves to recommend, as has been suggested by some, that the city should be destroyed by the hands of her own citizens, irrespective of the conimand of the military authorities. The committee have deliberated with painful anxiety upon this matter, b~t while they highly approve a defense like that of Saragossa, they cannot perceive in the circumustances of Charleston enough to recommend to her citizens the example of Mos- cow. The comumittee think the injury which might be inflicted in this way on the enemy quite too inconsiderable to warrant a proceeding so very much more disastrous to ourselves. Indeed, the commuittee are inclined to believe that the destruction of the city is precisely that which the enemy desire and design. The comnmittee believe that an imidiscriminate burning of the city could not be effected without destroyimig the lives of a very large l)ortion of the non-comnbatan Page 137 CONFEDERATE AUTHORITIES. 137 inhabitants, whose removal could not be accomplished. Let the responsibility of so terrible a calamity rest upon the enemy. The committee accordingly recommend that the convention should express its disapproval of the suggestion of a voluntary burning of the city by the citizens. To the military authorities they have nothing to suggest on this point. The committee recommend the adoption of the following resolutions: Resolved, That the provisions of the ordinance to provide for the removal of negroes and other property from portions of the State which may be invaded by the enemy be extended to the removal of those persons in the city of Charleston who, by reason of age, sex, or infirmity, are incapable of taking part in its defense, if such removal becomes necessary in the judgment of the commission herein pro- vided for. Resolved, That a commission of five citizens of Charleston be cho- sen by the convention, whose duty it shall be to execute within the city of Charleston the provisions of the ordinance aforesaid and of this resolution. Resolved, That in case any expense is incurred by the commis- sioners in the removal of white persons, such persons shall be liable to repay such expense to the commissioners, which repayment may be enforced by action of debt in any court of common law. Resolved (1), That the injunction of secrecy be removed from the report of resolutions of special committee No. 2, adopted by the con- vention in so far as to permit the communication of a certified copy of the said report and resolutions to each of the commissioners for Charleston, with leave to make known so much of the same as may be necessary to the several parties interested therein, and to the commanding general of the Confederate forces in this State and the Confederate officer commanding at Charleston; and that the presi- dent be instructed to notify the commissioners of their election. Resolved (2), That the commissioners for Charleston be each fur- nished with a copy of the ordinance to provide for the removal of negroesand other property from portions of the State which may be invaded by the enemy, with the same right to communicate the same as by a previous resolution of this convention is given to the commissioners for the districts of Georgetown, Ilorry, Charleston, Colleton, and Beaufort. Commissioners elected for Charleston: C. M. Furman, Charles Ker- rison, R. N. Gourdin, G. A. Trenholm, W. D. Porter. Resolved, That the injunction of secrecy be removed in relation to the ordinance providing for the removal of slaves, and the resolution passed amendatory thereof, in so far as to permit the communication of a certified copy of the ordinance to each of the commissioners, with leave to make known so much of the ordinance as may be neces- sary to the several parties interested therein, and to the command- ing generals of the Confederat~ forces in this State. That the presi- dent be instructed to notify the commissioners of their election. SAVANNAH, GA., October 21, 1862. Hon. W. PORCHER MILES, Member of Gongress, Richmond, Va.: Why should not Governors of Southern States offer to meet those of Northwest States at Memphis under flag of truce to decide o Page 138 138 CORRESPONDENCE, ETC. treaty of peace to be submitted to both Governments? Has any- thing been done for Soul6? Offer Mitchel position on my staff if he can get a commission. G. T. BEAUREGARD. (A copy of the first part of the message sent to Governors Brown, Milton, and Pickens.) KNOXVILLE, TENN., October 21, 1862. President DAVIS, Richmond: My DEAR SIR: General Jones, to accomplish that which we sought to preclude and prevent by an act of Congress, now favors a suspen- sion of conscription in East Tennessee. You will remember that when I conferred with you in reference to the matter of fixing a timea day certainafter which if regiments or battalions were organized they should not be received, that the 1st of October was determined upon to prevent the hurried and hasty organizations which would be formed in the time intervening between the introduction of the bill in the Senate and its approval by you. Now, it so happens that regiments have been organized, as I knew they would be, and General Jones, though informed by me of the passage of the act and its precise terms (for a copy of it was immediately published in the Knoxville Register), advised those who have participated in forming these regilnents and companies that he will, by the ruse of suspending the conscription for a few days, have them received into the service. rrhis would be a manifest and palpable evasion of the law as it occurs to me, and should by no means be tolerated. It certainly would defeat the very purpose for which the law was enacted. I presume General Jones will not say to you that it is impracticable to execute the law in East Tennessee, as he has said to me that he can execute it. The tories aI~ through the country have it that the law will not be enforced, and if pending the enrollment now in progress its operation be for a day even suspended, it will embolden them to such a degree that I shall not be surprised if they hereafter resist outright. You are of course advised that General Braggs entire command is now entering East Tennessee. It will be an easy and proper disposition of the men who have volunteered, and whom General Jones would now have you receive as new regiments, to place them at once in the old Tennessee army. I k regiments in General Brao~os now very well that these suggestions are not such as present popular clamor in East Ten- nessee would have me to urge upon your consideration, but prompted by a sense of duty to the country I am constrained to urge you to the course I advise. Very truly, yours, WM. G. SWAN. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 77. Richmond, October 22, 1862. I. All cases of applications for transfer from the Army to the Navy must be forwarded through superior officers, who will certify whether the party whose transfer is sought is or is not a seafaring person Page 139 CONFEDERATE AUTHORITIES. 139 II. The proposal of the Southern Express Company to carry funds for the Government having been accepted, all officers are hereby for- bidden sending persons for funds in cases where the express company can be used. III. Officers who have been charged with the disbursement of bounty funds will immediately render their accounts to the Quarter- master-General; otherwise they will be reported for dismissal, as required by law. IV. Licut. Col. George Deas, assistant adjutant-general, C. S. Army, is assigued to duty in the War Department as Acting Assistant Sec- retary of War, and will be obeyed and respected accordingly. V. Paragraph II, General Orders, No. 57, current series, is modified so as to read as follows: Hereafter all soldiers under eighteen and over forty years of age will be discharged at the expiration of the terms for which they have engaged to serve. By command of the Secretary of War: S. COOPER, Adjutant and Inspector General. ENGINEER BUREAU, Richmond, Va., October 22, 1862. Capt. L. P. GRANT, Corps of Engineers, Provisional Army, C. S., Atlanta, Ga.: CAPTAIN: Herewith I inclose a copy of an act to enable the Presi- dent of the Confederate States to provide the means of military trans- portation by the construction of a railroad between Blue Mountain, in the State of Alabama, and Rome, in the State of Georgia. * By the terms of this act the President is empowered to enter into contracts for a speedy completion of the proposed link of railroad with the several railroad companies whose charters extend over said line. To accomplish the object contemplated the sum of $1,122,480.92 in the bonds of the Confederate States has been appropriated by the Congress, and it is proposed by the War Department to make a loan of this amount to a railroad company on such terms as will insure a prompt execution of the work and the repayment to the Government of the money advanced. The duty of making such contract is assigned to you, subject to the approval of the Secretary of War, and in the following conditions, to wit: First. That the loan made by the Government to the contracting railroad company shall be in bonds of the Confederate States of America, bearing 8 per centum interest per annum. Second. That a iuortgage be given to the Government on the pro- posed link of railroad and its appurtenances for the payment of the money loaned, with interest at 8 per centum per annum. Third. The company to complete the link of railroad in six to ten months from date of contract, and in case of failure the Secretary of War to have the power to foreclose the mortgage and order the sale of the road to other parties. Fourth. The War Department reserving to the Government the preference in all transportation over the road during the existing war. * See October 2, 1862, p. 200 Page 140 140 CORRESPONDENCE, ETC. Fifth. That the amount loaned be refunded in installments of from $~50,000 to $100,000 per annum, beginning at the end of twelve months after the day named in the contract for the completion of the road. Sixth. The right be reserved to the Government of having the work on the road inspected from time to time to determine its character, progress, & c. Seventh. That the Confederate bonds, constituting the loan to the company, be furnished in proportion to the progress of the work that is, the War Department must have satisfactory evidence through the inspecting engineer of proper arrangements for a vigorous prose- cution of the construction before advancing any portion of the loan, and like evidence before making subsequent advances. Eighth. The bonds to bear interest from the date of delivery to the company, and the interest (to be paid to the Government on the amounts loaned) to commence at the same dates. Ninth. The contract to be signed in quadruplicate, on3 copy for the company, one for the inspecting engineer, one for the files of the War Department, and one for the auditing officer of the Confederate Treasury. Tenth. The Government not to be bound by the contract until approved by the Secretary of War, to be so stated in the contract. You are authorized to employ on reasonable terms a lawyer to aid you in drawing up the contract when the terms have been agreed upon between the company and yourself. As there will probably be competition among the several railroad companies for the contract proposed, you will consider well the ability of the respective competi- tors to comply with the obligations they propose to incur. You will not be limited to the most favorable terms offered unless the party or parties have undoubted ability to execute the work in the time named. Make, however, the best terms you can, subject to the above con- siderations as regards time of construction and payment of install- ments. ~You will please to enter at once upon the duty assigned you, and keep this office informed of your proceedings and your address. Very respectfully, yours, J. F. GILMER, Golonel and Chief of Engineer Bureau. Approved. GEO. W. RANDOLPH, Secretary of War. EXECUTIVE DEPARTMENT Richmond, Va., October 23, 1862. Hon. B. H. HILL, C. S. Senate, La Giange, Ga.: DEAR SIR: Your letter of October 12 has been received, and I have to thank you for th~ candor and promptness with which you have advised me of the condition of public affairs in Georgia and Eastern Tennessee. The state of affairs in East Tennessee presents a very difficult question, and one which can be decided only by the consid- eration of many points. With every disposition to conciliate the people of that region, still the pressure upon us by the enemy is suc Page 141 CONFEDERATE AUTHORITIES. 141 as compels us to call into the field all who are able to serve there. To exempt the unwilling would be to offer a premium to disaffection. To allow those who are unreliable in their loyalty to continue in sep- arate organizations would prove a perilous experiment. Dangerous schemers might obtain important posts, and the least hazard incurred might be the propagation and perpetuation of a spirit discontented and unfriendly to the Confederacy. The distribution of this class of men among regiments of loyal and tried veterans would neutralize their evil influence, and in time, perhaps, effect a change in them. On the whole, though not free from objection, this seems the most feasible plan for efficiently organizing in East Tennessee. Already some recruits have been received, who are much needed to fill up the thinned ranks of the gallant Turneys brigade in Virginia. I am gratified at the report you give of the favorable tone of public opinion in Georgia relative to the conscription act. Nothing could be more unfortunate, not only for the success of the cause in which we are engaged, but also for the future reputation of the great State of Georgia, than any conflict between the authorities of that State and the Confederate Government on this question. Having full confi- dence on the constitutionality of the law, I rely on the decision of the supreme court of Georgia to remove the difficulties that at present embarrass the action of the State authorities. The recommendations which you make have been referred to the Secretary of War, and will receive from him the respectful consideration due to the indorse- ment they receive. With much personal regard for yourself, as well as high consider- ation for your public character, I am, very truly and respectfully, yours, JEFFERSON DAVIS. P. S.Some regiments (said to be five) which have been organized in East Tennessee before the 1st of October will be received. S HUNTSVILLE, ALA., October 24, 1862. Hon. G. W. RANDOLPH, Secretary of War, Richmond, Va.: Mv DEAR SIR: There is great need of prompt action on the part of the Government to correct the evil influences of the Yankee reign and of abuses of power of our own agents in North Alabama. The disloyal stand in open defiance of constitutional authority, and of the few who are brave and patriotic enough to denounce them, and a large portion of those who are true to the Confederate Government are restrained by fear of the return of the Yankees and menaces of greater outrages than they have yet suffered from free expression of their sentiments and from any organization for their future defense. There is a very general feeling ~mon g such that the Confederate Government is too weak to protect them or to punish treason or to enforce its laws. Men are here who during the stay of the enemy sold them cotton and bought it for them, acted as their agents, as spies, informers, and depositaries, openly declaiming for the Union and even signing calls for Union meetings, and who are 110W trading with them at Nashville, passing uninterruptedly between that place and this city. No enrolling agent under the conscript act has bee Page 142 142 CORRESPONDENCE, ETC. in this section of Alabama, although quite two months has elapsed since the enemy left it, and those who ought to be in the Army or to go into it are resorting to every expedient for escaping conscription. Some half dozen are ensconced in the Niter Bureau office established here. Others are engaging in manufactories or trades or mining, and others are getting certificates of chronic disorders that their neighbors never suspected them of. The reported retreat of Bragg and the disastrous defeat of Van Dorn have caused general dismay, and many are preparing to abandon their homes and to seek security in the mountains of Middle Alabama so soon as the army of Buell reaches the southern boundary of Kentucky. This city is the place where the Union feeling most prevailed and where it now most exists. It has given tone to the political sentiment of North Alabama. If examples could be made of the leading traitors here, or if they could be restrained from commerce with the enemy, it would have a most salutary effect. I assure you that there are men here holding office under the Confederate Government, receivers under the registration act, who have been guilty of disloyal acts. I would suggest that an enrolling officer be appointed immedi- ately. Capt. L. H. Scruggs, Company I, Fourth Alabama, now major or lieutenant-colonel by promotion, is now here on crutches, having been severely wounded at Sharpsburg, and begs authority to enroll men to recruit his regiment. He cannot return to his regi- ment for several weeks and will gladly employ his time in trying to fill up that gallant regiment, which is now reduced to only 200 men. I trust that a telegram will be sent him to enroll recruits or to accept them as volunteers. In the adjoining county of Jackson, Samuel D. J. Moore would be an excellent enrolling officer. Iii this county Edward C. Betts would serve efficiently. If Moore were appointed for the counties of Jackson, Madison, Limestone, Lauderdale, Frank- lin, Lawrence, and Morgan, with authority to employ deputies in each, he would do the duties, I think, faithfully and efficiently. He. is a graduate of West Point Military Academy and a respectable lawyer. If a camp of instruction were established here and he a~7pointed to command it, a very wholesome influence would be exerted. This is as central and as accessible a point for the counties of all North Alabama and Middle Tennessee as any other. There is needing here somnething to assure the people of the existence of our Government, and of its power to protect or to punish. Our Treasury notes are frequently returned, and are exchanged at a discount of 50 per cent. for Alabama or Tennessee bank notes. It is currently reported that Mrs. Judge Lane will return to this place or to North Alabama in a few weeks. This should miot be permitted; or, if she come, she should be removed beyond our lines as soon as possible. She is as disloyal as her husband (now in Washington City), and much more dangerous. Any communication to Samuel D. J. Moore or to Capt. L. H. S~ruggs or to Edward C. Betts addressed to me by mail or telegraph will receive my prompt attention. If the cartel you showed me, providing for the release of political prisoners and respect of non-combatants and private property, was signed by Stanton please let me know it. I have troubled you with this commnunication as an imperative duty, and hope it will receive your prompt attention. I am, most respeetfully, your obedient servant C. C. CLAY, J~ Page 143 CONFEDERATE AUTHORITIES. 143 CONFEDERATE STATES OF AMERICA, NAVY DEPARTMENT, Richmond, October 25, 1862. Hon. G. W. RANDOLPH, Secretary of War: SIR: A commission has been organized by this Department to examine the coal and ore deposits in several of the counties of Vir- ginia with a view to the fabrication of heavy ordnance, and I desire to obtain from you such an order as will enable it to obtain labor from the military forces stationed at or iiear the places of its investi- gations. Negro labor, I am assured, cannot be obtained. This, of course, will be preferred if it can be had. I will be very glad to have such aid as you can afford. The commission is composed of Commander Pinkucy, Maj. Mitchel Tate, and Mr. 0. G. Ileinrich, reo~oo~ist Very respectfully, your obedient servant, S. R. MALLORY, Secretary of the Nary. [Indorsemeiit .1 RICHMOND, October 25, 1862. Hon. S. R. MALLORY, Secretary of the Navy: Prepare circular to officers in Confederate service in command of troops and posts, requesting them to furnish such labor as the com- mission may require, when it can be done without injury to the pub- lic service. G. W. R. EXECUTIVE I)EPARTMENT, Montgomery, Ala., October 25, 1862. lion. GEORGE W. RANDOLPH, Secretary of TVar, Richmond: SIR: ~he frequent inquiries at this department as to the enrollment of commissioned officers of the State militia and the representations of want of uniformity of practice on the part of the enrolling officers induce me to request that you will favor me with a copy of the instruc- tions given to enrollingofficers upon this subject, and also an intima- tion of your proposed action under the late exemption act with refer- ence to militia officers. I have given a ready and earnest support to the provisions of the act, and am not inclined to make captious objec- tions to its exercise, but I desire uniformity in administration that the law may operate equally and alike upon all, and that I may be able to give certain and intelligible answers to the numerous inquiries addressed me upon the subject. Nor am I inclined to screen militia officers from service, especially that now their commands are so lim- ited in consequence of the enro~ment of the greater portion of the militia in the Confederate service, and I only desire that the rule for Alabama shall be identic4 with that for her sister States. I am induced to make this request because I find it impossible to under- stand the varied practice of the enrolling officers, having now before me a letter from a major-general of one division, who informs me that in one of his regiments these oWicers are enrolled and not in the others. In some regiments the commission exempts, regardless of date of com- mission or time of election. In some evidence of date of election i Page 144 144 CORRESPONDENCE, ETC. allowed to supply evidence of rank attained previous to the passage of the act; in others the date is held conclusive. Heretofore in this State the commission has been but little regarded by officers, the elec- tion conferring the anthority and the commission being but the evi- dence; hence commissons bore only the date of issuance without any reference to the date of the election, all questions of rank being easily settled by reference to the records of the Adjutant-Generals Office. Some fixed and definite rule, too, should be adopted in reference to officers newly elected to fill vacancies in the militia. If the old officers are exempted, reason would dictate that the efficiency of the militia would be as much impaired by the enrollment of one class of officers as the other. I would thank you for the information requested at as early a day as the duties of your office will permit. Very respectfully, your obedient servant, JNO. GILL SHORTER, Governor of Alabama. ROME, GA., October 25, 1862. Mr. JEFFERSON DAVIS, President, & c.: HONORED SIR: Inclosed I send yon a copy of the resolutions of our Board of Directors touching the appropriation made by Congress for the completion of our road. We are anxious to avail ourselves of the means offered, and therefore write you to obtain that information which I trust will remove from my mind the serious difficulties which now appear to me so formidable. If the completion of the road from Rome to Blue Mountain be a military necessity, then its speedy com- pletion is of paramount importance. Time is really the essence of the matter, and doubtless you agree with us that if we cannot fore- see any reasonable prospect of procuring the iron rails it will be useless for ns to employ the Government means in finishing the grad- ing, snperstruction, & c. You are aware of the many obstacles which many render our efforts fruitless in obtaining iron rails, spikes, chairs, & c., by the nsual modes of purchase, and unless that authority which has declared the road to be a military necessity also declares that iron shall be furnished I know not how to proceed. Our earnest desire is to build our portion of this road at once, viz, from Rome to the State line of Alabama, which is about 22 miles. We feel confident we can have it ready for the iron in ninety days from the time the work is commenced5 as all the heavy grading and principal bridging is finished. Our company has already expended upon the road about $85,000; of that amount we now owe between $30,000 and $35,000 on contracts and loans. After paying the latter we will freely merge the work already done into the mortgage deed and thereby enhance the Government security at least $50,000. At present prices of material and labor this additional security would amonnt to a mnch larger sum, and we can assure you that the means used so far have been judiciously expended. Will you, sir, please advise us at once and say whether you can give us the requisite aid for procuring iron, & c., by impressmnent or otherwise, and also communicate any other informa- tion your superior judgment may deem of advantage. Very respectfully, your obedient servant, ALFRED SHORTER, Presideitt Georgia and Alabama Railroad Page 145 CONFEDERATE AUTHORITIES. 145 [First indorsemeut.] Secretary of War for reply. J. p. [Second indorsement.] NOVEMBER 6, 1862. Engineer Bureau for reply. Inform them that the road is considered highly important, and that the Government will exert its utmost powers in procuring iron. G. W. R. [Third indorsenient..] DECEMBER 2, 1862. Respectfully returned to the files of the Honorable Secretary of War, an answer having been sent to Mr. Shorter and a copy of the letter, with its inclosure, forwarded to Capt. L. P. Grant, engineer in charge of the Rome and Blue Mountain Railroad. A. L. RIVES, Major an(l Assis feud to Chief Engineer. [Inclosure.] RoME, October 20, 1802. RESOLUTIONS. Whereas, it is highly important that the ~rojected railroad between Rome, in Georgia, and Blue Mountain, in Alabama, should be speed- ily built, it is therefore Resolved, That we avail ourselves at once of the proffered loan by the Congress of the Confederate States, and to this end we hereby accept the provisions of the act entitled An act to enable the Presi- dent of the Confederate States to provide for the means of military transportation by constructing a railroad between Blue Mountain, in the State of Alabama, and Rome, in the State of Georgia, approved October [2], 1862. And we do authorize and empower the president of thi~ company, by himself, his agent, or attorney, to execute and deliver to the President of the Confederate States the mortgage security required by said act. And whereas, this company has already expended of their own means upon said road, in bridging, masonry, and grading, the sum of $~, and to that extent increasing the corpus of the property to be mort- gaged, our president is instructed to have such saving clause embodied in said mortgage as will limit the lieu and liability to the road and its equipments and the public property of the company. rrhe individual property of the stockholders should nob be liable for the redemption of said mortgage, but the president of this company is hereby author- ized to tender to the Presideiit of the Confederate States a bond, with the most ample personal security, for the faithful application of the money and the diligent pr4secution of the work. Resolved further, That in consideration of the high price of mate- rials and the embarrassment thrown around the procurement of iron rails by the pressure of Government contracts upon manufacturers, we do earnestly request the President of the Confederate States to appoint a military director over said line of railroad with proper power and discretion to impress iron and materials, provided they can be obtained in no other way, or in case the owners of such iron demand most unreasonable and exorbitant rates. 10 R ESERIES IV, VOL I Page 146 14G CORRESPONDENCE, ETC. I certify the above and foregoing is atrue copy from the record of minutes of the Board of Directors of the Georgia and Alabama Rail- road Company. CHAS. H. SMITh, Secretary ]ff 0 tern. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, October 25, 1862. His Excellency President DAVIS: M~ DEAR SIR: When in Richmond I had the honor to call your attention, in the presence of Mr. Randolph, to the subject of allowing the conscripts the privilege of selecting the regiments to which they should go. I understood you and the Secretary both to assent to it willingly. A few days after my return home, therefore, I was much sur- prised and grieved to find an order coining from the Secretary to Major Mallett to disregard an order to this effect from Brigadier-General Martin and to place all of them iii certain brigades under General French. I innuediately addressed a letter to Mr. Raiidolph protesting against it and giving my reasons for so doing. * To this letter, after the lapse of two weeks, I have received no reply. Last week abont 100 men were brought into camp from one county alone, from a region somewhat lukewarm, who had been got to come cheerfully under the solemn promises made them by my enrolling officer that they should be allowed to join any regimemit they desired, according to the published orders. Under the circumstances General Martin said they might yet have their choice, started them accord- ingly, and wrote to General French, begging his consent to the arrangement. I-Ic refused, of course, and according to a miote received from him the men were stopped at Petersburg and distributed equally to certain regiments, as quartermasters stores or any other chattel property, alleging that by not coming in sooner they had for- feited all claims to consideration. Q f the shortsightedness and inhumanity of this harsh course toward our people I shall offer no comment. In bringimig tim e facts to your attention I wish not only to ask that a mnore liberal policy be adopted, but to make it the occasion of informuing you also of a few things of a political nature which you ought to know. The people of this State have ever been emninently conservative and jealous of their political rPrhts The transition from their former opinions, anterior to our troubles, to a state of revolution and war was a very sudden and extraordinary one. Prior to Lincolns procla- mation the election for delegates to our proposed convention exhibited a popular majority of upward of 30,000 against secession for existing causes. The late elections, after sixteen mouths of war and muember- ship with the Confederacy, show conclusively that tIme original advo- cates of secessiomi no longe~ hold the ear of our people. Without the warm and ardent support of the old Union muen North Carolina could not so promptly and gemierously have been brought to the support of the seceding States, atid without that same influence constantly and unremnittingly given the present status could not be maintained forty-eight hours. ryhese are facts. I allude to them imot to remind you of any heretofore political differences (which I earnestly hope are buried in the graves of dur gallant countrymen), but simply to give you information. * See October 10, p. 114 Page 147 CONFEDERATE AUTHORITIES. 147 The corollary to be deduced is briefly this: That the opinions and advice of the old Union leaders must be heeded with regard to the government of affairs in North Carolina or the worst consequences may ensue. I am candid with you for the causes sake. I believe, sir, most sincerely that the conscript law could not have been exe- cuted by a man of different antecedents without outbreaks among our people; and now, with all the popularity with which I came into office it will be exceedingly difficult for me to execute it under your recent call with all the assistance you can afford me. If, on the contrary, West Point generals, who know much less of human nature than I do of military science, are to ride rough shod over the people, drag them from their homes, and assign them, or rather consign them, to strange regiments and strange commanders, without regard to their wishes or feelings, I shall be compelled to decline undertaking a task which must certainly fail. These conscripts are entitled to consideration. They comprise a number of best men in their communities, whom indispensable busi- ness, laroe and helpless families, property, and distress in a thousand shapes have combined to keep them at home until the last moment. In spite of all the softening I could give to the law, and all the appeals that could be made to their patriotism, much discontent has grown up, and now the waters of insubordination begin to snrge more angrily than ever as the extended law goes into effect. Many openly declare they want not another conscript to leave the State until provision is made for her own defense; others say it will not leave labor sufficient to support the women and children, and therefore it must not be exe- cuted. Thousands are flying from our eastern counties, with their slaves, to the center and west to devour the very short crops and increase the prospect of starvation. Governor Letcher is threatening to deprive the State of a contract we have for procuring salt in Vir- ginia, and when the enemy seizes Wilmington (which he no doubt will do when the pestilence abates) we shall have no assurance of obtain- ing it from any other source; hence I am importuned by many to defend our own coast myself. You see the difficulties which beset me. But th~ongh them all I have endeavored and shall endeavor to hold my course straightforward for the common good. It is disheartening, however, to find that I am thwarted in so small a matter as this, which is yet a great one to the conscript. I have thus spoken candidly and explicitly. I beg you will not in any manner misinterpret me or fail to appreciate mny motives. I trust that whether on the field or in the council I have established my claims to respect amid confidence. I can do much toward increasing our armies if properly aided by the War Department. When the sowing of the wheat crop is completed, 15,000 or 20,000 men can be got out in a short time, especially if an assurance can be given that an adequate proportion will be sent to the defense of our own coast and suffering people. I shoukd also be pleased to know what our sister States are doing in support of the conscript law, as a very general impression prevails that this State is doing vastly more than its share. A sense of justice and fair treatment will do more than all besides in bringing our entire able-bodied population into the field. Earnestly trusting that my representations of things in North Carolina may enable you to do that which is for the best, and will most advance the great cause for which the Nation is suffering and bleeding, I remain, with highest respect, your obedient servant, Z. B. VANCE Page 148 148 CORRESPONDENCE, ETC. [First indorsement.] Answer as per draft and refer to Secretary of War for attention. * J. D. [Second indorsement.] Please to return to Presidents office. WM. M. BROWNE, Colonel and Aide-de- Camp. [Third indorsement.] NOVEMBER 7, 1862. Respectfully returned to the President. General Orders, No. 30, the first order issued to carry the conscript law into effect, expressly provided that the wishes of the conscripts should be consulted as far as practicable in assigning them to compa- nies. In a recent order, which will soon be published, this has been continued. The letter of Governor Vance was not answered because it imputed bad faith to the President and Secretary of War and could not be answered without risking a breach between the Governor and the Department, which would be detrimental to the public service. G. W. RANDOLPH, Secretary of War. RICHMOND, VA., October 26, 1862. Governor I. G. HARRIS, Knoxville, Tenn.: I have not suspended the enrollment. The War Department has only agreed to receive five regiments raised before October 1, under authority of a special law. Confer with the military authorities and give us recruits for the old regiments as far as practicable. I have already required in these matters that the case should be referred to you. You have my confidence; I want your assistance. JEFFERSON DAVIS. S EXECUTIVE DEPARTMENT, lIon. G. ~. RANDOLPH, Montgomery, Ala., October 27, 1862. Secretary of War: SIR: On the receipt of your dispatch advising the withdrawal of labor from the railroad in West Alabama, ~ I dispatched one of my aides, ex-Governor A. B. Moore, to examine into the matter. Inclosed I hand you copy of a letter this day received from him, by which you will be pleased to learn that the difficulties in the way have been overcome, and that the work is rapidly progressing to a completion. Very respectfully, your obedient servant, JNO. GILL SHORTER, Governor of Alabama. [Inclosure.] MARION, October 24, 1862. His Excellency JOHN G. SHORTER: DEAR SIR: I am just through with my railroad mission. Before taking any action on the matter I went to Demopolis to see the super- intendent or chief engineer of the road. Colonel Tate was absent, but * See Davis to Vance, November 1, p. 154. t See October 2, p. 106 Page 149 CONFEDERATE AUTHORITIES. 149 Colonel Pritchard, the chief engineer, was at Deinopolis. I stated my business and told him I had been directed by you to aid him in getting as many hands as were needed for the speedy completion of the work. I was gratified to learn that a number of the planters had returned their hands, and that he had procured other hands to sup- ply the places of those who did not return. There are hands enough on the road to finish the grading and lay down the iron as fast as the bridges and trestlework can be completed, so that I was relieved from the necessity and trouble of raising hands. The president and engi- neer insisted that I should go with them along the road, see the con- tractors, and show the importance of a speedy completion of their contracts. This I did, and induced one of the bridge builders to increase the number of workmen. He has the largest bridge to erect. It will be at least four or five weeks before the road will be completed. The trip along the road was very rough, and I had to take it on horse- back nearly to Meridian. I will be in Montgomery next week. I am delayed here to have the cotton I loaned to the Government weighed, sampled, and delivered. With great respect, yours, & c., A. B. MOORE. GENERAL ORDE RS,~ ADJT. AND INSP. GENERALS OFFICE, No. 78. Richmond, October 28, 1862. I. Commandants of posts, when consulted by officers of the tele- graph companies as to the propriety of sending a message, will advise against it 1. When it relates to the movements of troops. 2. When it relates to the position of particular corps. 3. When it gives information from which the movements and strength of the armies of the Confederate States, or any portion of them, can be inferred. * * * * * * * III. general hospitals are under the authority of the local com- manding officers, but their general management and the medical offi- cers thereof should be left to the control of the senior surgeon and medical director, to be interfered with by the commanding officer only in special cases, which will be referred to the commander of the department. IV. Inasmuch as the regulations concerning the issue of commis- sary stores have been violated by issuin2 the same to civilians, here- after all issues of subsistence not warranted by the i~egulations are positively prohibited. By order: S. COOPER, Adjutant and Inspector General. BROOK HAVEN, October 29, 1862. Hon. G. W. RANDOLPH: I am making every effort to get conscripts and forwarding them without delay. I am annoyed very much by partisan rangers. They are doing little or no service; and complained of by the whole coin- munity as well as the army. They are made up almost entirely of con- scripts, who, if taken from them, could be placed in the Army, wher Page 150 150 CORRESPONDENCE, ETC. their services would be invaluable. I desire to execute General Orders, No. 53, to the letter; but when I call upon commanders of those corps they say they have authority to keep all who joined pre- vious to the 31st of July. If that is the case I get no conscripts from them, as they say they all joined prior to that time. Their join- ing those corps at any time I consider a violation of the law, and to let them remain in those corps a violation of General Orders, No. 53. I desire, if not in direct violation of your opinion of said order, that you give me a positive order to take conscripts from all partisan ran- gers that have joined prior to 31st of July, except those companies designated at the request of Governor Pettus, and please word the order to that effect. M. R. CLARK, 1kI~jor and Assistant Adjutant- General. GENERAL ORDERS, ADJT. AND INSP. GENERAL S OFFICE, No. 80. Richmond, October 80, 1862. I. Upon the death of a commissioned officer in the service of the Confederate States his immediate commanding officer will forthwith make out a certificate of the fact, stating his rank and the command to which lie belonged; when, where, and from what cause he died, and, if possible, when and by whom last paid. Upon the death of a non-commissioned officer or private in said service the officer commanding his company at the time of his death will, in like manner, forthwith make out a descriptive list, in which he will set forth when, where, and by whom he was enlisted; when, where, and from what cause he died; when and by whom he was last paid; whether there is any bounty or commutation for clothing due him, and whether there are any stoppages against him, for what cause and of what amount. These certificates and descriptive lists will be transmitted directly to the Second Auditor of the Treasury of the Confederate States. II Sur~eons and assistant surgeons in charge of military hospitals, or o~ sick and wounded officers and soldiers in private hospitals and houses, upon the death of either an officer or a soldier, will forthwith make out and forward directly to the Second Auditor of the Treasury of the Confederate States a certificate stating, in the case of a com- missioned officer, his rank and the command to which he belonged; in the case of non-commissioned officers and privates, the company and regiment to which they belonged, and in all cases when, where, and from what cause they died. Should the deceased leave any effects or money, a statement setting forth a list of the effects, the amount of the money, and in whose hands the same will remain until legally called for will accompany said certificate. III. Lient. Col. XV. Le Roy Brown, on ordnance duty, is hereby detailed to supervise the ex~imination of candidates in the Army for appointments as artillery officers for ordnance duty, as authorized by act of Congress approved 16th of September, 1862. He will, in succession, proceed to the several headquarters of the armies under such special instructions as mnay be given him hereafter; and the general commanding will, on his application, associate with him any two artillery officers he may select, performing ordnance duties, who, together with himself, will constitute an examining board. Due notice will be given through the Richmond Enquirer of the time at which examinations will be llel(l Page 151 CONFEDERATE ATJTHORIT1ES. 151 Applications for permission to be examined will be addressed to the general commanding each army, and will be filed with his chief of ordnance, to be laid before the board of examiners. IV. Ordnance officers serving on the staff of commanding generals will not enter into contracts for nor purchase ordnance supplies except in case of necessity, on the authority of the general, which must be attached to the contract or account for purchase. The exigency requiring the purchase or contract will also be stated. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, October 30, 18G2. His Excellency JEFFERSON DAVIS, President Confederate States of America: SIR: I have the honor to inclose a letter* from the Commissary- General and a letter* to him from J. Fowlkes with his indorseinent, expressing the opinion that the Army cannot be subsisted without permitting trade to some extent with Confederate ports in the possession of the enemy. The alternative is thus presented of violating our established policy of withholding cotton from the enemy or of risking the starva- tion of our armies. Regarding the former as the less evil, I advise that the Commissary- General be authorized to contract for bacon and salt, and the Quartermaster-General for blankets and shoes, payable in cotton, and that the general commanding on the Mississippi be instructed to permit the cotton delivered under these contracts to pass our lines. The amount of purchases should be limited to what is absolutely necessary to feed the Army and supply it with blankets and shoes. I have examined the statutes prohibiting trade with Confederate ports ii~ the possession of the enemy and I am of opinion that they do not apply to the Government, nor do I know of any principle of public law which prohibits a government from trading with the citizens or subjects of a hostile power. I think it will be found that. in European wars dealings between the government of one nation and the subjects of another engaged in mutual hostilities are of ordinary occurrence, and that the prohibition of trade between such powers is confined to the dealings of private individuals. I am fully aware that in permitting the enemy to obtain a partial supply of cotton we are conceding an advantage to him and licensing an objectionable trade, and nothing less than the danger of sacrificing our armies would induce me to acquiesce in such a departure from our established policy. But the Commissary-General, whose duty it is to study the question of subsistence and to inform himself of the sources of supply, and who has had the benefit of eighteen months experience, having recorded his opinion that the Army cannot be subsisted under the present arrangements, I must decline the respon- sibility of overruling him and entering upon aim experiment which may result in ruin. Very respectfully, your obedient servant, GEO. W. RANDOLPh, Secretary of War. * Not found Page 152 152 CORRESPONDENCE, ETC. [OCTOBER 30 to NOVEMBER 5, 1862.For correspondence between Davis, Pickens, Randolph, and Chesnut, in relation to the acceptance of certain South Carolina State troops, see Series I, Vol. LIII, pp. 262265.] HDQRS. DEPT. OF SOUTH CAROLINA AND GEORGIA, Charleston, S. C., October 80, 1862. General BEAUREGARD: SIR: In pursuance of Special Orders, No. 194, headquarters Depart- ment of South Carolina and Georgia, under date Charleston, October 16, 1862, I proceeded to Columbus, Ga., on the night of the 16th instant, with a view to the discharge of the duties therein devolved. Having performed the duties therein assigned I have the honor to submit the following report: After a formal and official demand upon the president of [the Bank of] Columbus for the surrender of the coin of the Bank of Louisiana, he declined upon the ground that it was a personal trust and that he had no right to yield it. This left me no alternative, and I at once took possession of the bank, placing my guard at each entrance. After consultation with his friends the president of the Bank of Columbus consented to surrender the coin without compelling me to use military force. I then made a requisition for transportation and brought it under guard to Augusta, Ga., turned it over to T. S. Met- calf, Government depositary at Augusta, took his receipt in duplicate, and repaired to these headquarters. All of which is respectfully submitted. A. G. RICE, Aide-de- Camp. EXECUTIVE OFFICE, Alexandria, La., October 81, 1862. President DAvIs: SN: The State of Louisiana has had in operation for two years a military academy, the prescribed ages of admission for cadets being fifteen to twenty-one years. Large and costly buildings have been erected and magnificent salaries are given to the professors, the superintendent receiving a salary larger than that of the same officer at West Point. Of the cadets now on the rolls only three are over eighteenCharles F. Buck, L. G. Fernandez, and P. Carinonehe. All the older cadets left at the commencement of the war and are in the Confederate Army. The Governor now requests that you will exempt these three cadets from conscription. The supervisors of the acad- emy have requested the Governor, who is ex officio their president, to ask of you the exemption of all cadets from conscription, as well those who may hereafter enter as those now matriculated. The Governor directs me to say that he doe~ not make that request because it would afford unpatriotic and unchivalric youths a shield from the rendition of their services, now so much needed by their country. The spirit displayed by the whole body of cadets is admirable, and it is proper to remark the three cadets whose exemption is asked are poor boys whose education is provided by the State and who are dependent entirely on this opportunity for completing it. The reason, however, for asking their exemption is that they are officers in the corps, nec- essary for its effective organization. The Governor has charged m Page 153 CONFEDERATE AUTHORITIES. 153 to say further that he wishes you to consider the request of the super- visors for the exemption of all cadets as formerly laid before you, but without his recommendation. This letter would be signed by His Excellency as usual but for his absence with General Taylor on an exploration of the river-bank for sites for fortifications. News of a disaster below reached us last night. The Federals landed near Don- aldsonville 2,500 strong, and attacked our forces, consisting of Eight- eenth, Twenty-fourth (both together numbering 600), and Thirty- third, and defeated us. The fight occurred near Napoleon, and the last-named regiment ran incontinently. General Mouton has with- drawn to Brashear. Very respectfully, your obedient servant, TH. C. MANNING, Aide-de- Camp. [First indorsernent.] To Secretary of War. J. D. [Second in(Iorsement.] To ADJUTANT-GENERAL: Exempt the three cadets specially recommended by the Governor, but not future cadets. That would only tempt the timid as to an asylum. J. A. S., Secretary. GENERAL ORDERS9 ADJT. AND INSP. GENERALS OFFICE, No. 81. Richmond, November 1, 1862. I. The payment of commissioned officers by any other quartermas- ter than the quartermaster of the command to which they belong is hereby prohibited, unless they exhibit to the quartermaster to whom application for payment is made orders from their commanding offi- cers, or from the Department, showing them to be absent on detached duty, oi~leaves of absence from the commanding general under whom they are serving. II. The following will be the organization of a company of light artillery, according to the number of guns composing the battery, viz: For a battery of six guns: One captain, 2 first lieutenants, 2 second lieutenants, 1 sergeant-major or first sergeant, 1 quartermuaster-ser- geant, 6 sergeants, 12 corporals, 2 buglers or trumpeters, 1 guidon, 2 artificers, 64 to 125 privates. For a battery of four guns: One captain, 1 first lieutenant, 2 sec- ond lieutenants, 1 sergeant-major or first sergeant, 1 quartermaster- sergeant, 4 sergeants, 8 corporals, 2 buglers, 1 guidon, 2 artificers, 64 to 125 privates. By order: S. COOPER, Adjutan I and Inspector General. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, N. C., November 1, 1862. His Excellency President DAVIs: DEAR SIR: Inclosed you will please find copies of two letters, one from Stanly to inc and my reply. I send them both because I thin Page 154 154 CORRESPONDENCE, ETC. you should be aware of what is doing on our coast, and also because I did not know but that Stanlys proposition might foreshadow some- thing of importance to our cause. * Very respectfully, Z. B. VANCE. RICHMOND, VA., November 1, 1862. His Excellency Governor VANCE, Raleigh, N. C.: DEAR SIR: I have the honor to acknowledge yours of the 25th ultimo, and regret the disappointment to which some of the recruits of North Carolina have been subjected. I concur with you as to the policy of allowing the conscripts, as far as the state of service will permit, to select the companies and regiments in which they are to serve. rrlle rights secured by law to the volumiteer to select his own company was lost, it is true, by enrollment; but the policy was so obvious of associating men together who would best harmonize with each other that it was my purpose to comitinue time privilege beyond the limit fixed by the law. The danger to the coast of North Carolina and our inability to draw troops from time Army of Northern Virginia rendered it proper that the greatest exertion should be immediately made to fill up the regiments in General Frenchs command; but this did not interfere with allowing the conscripts to select among those regiments the one to which they would be assigmied, so long as vacan- cies existed in the companies chosen, and that I expected would have been done. I will send your letter to the War Department, with a copy of this reply to you, and hope for the future there will be no ground for dissatisfaction, and that, as far as feasible, the disappoint- ments to which you refer may be corrected by transfer. I feel grate- ful to you for the cordial manner in which you have sustained every proposition connected with the public defense, and trust that there will always be such co-intelligence and accordance as will enable us to~co-operate for the public good. The conscript act has not been popular anywhere out of the Army. There, as you are aware, it served to check the discontent which resulted from retaining the twelve-months men beyond their term of original engagement, and was fairly regarded as a measure equitably to distribute the burden of public defense, but the State authorities have nowhere offered any opposition to its execution, or witimheld timeir aid, except in the State of Georgia, and, so far as the cadets of the military institute are con- cerned, in the State of Virginia. I shall endeavor by judicial decision to settle the questiomms raising in those two States, and in the mean- time have been cheered by the evidence of a popular sentiment which supports any measure necessary to protect our country and secure our political independence. Like yourself, I have hoped that the party distinctions which e~tisted at a former time would be buried in the graves of the gallant men who have fallen imm the defemmse of their birthright, and that we should all, as a band of brothers, strike for the inheritance our fathers left us. With sincere regard, I am, yours, respectfully and truly, JEFFERSON DAVIS. *For inclosures, Stanly t6 Vance, October 21, 1862, and Vance to Stanly, Octo- ber 29, 1862, see Stanly to Stanton, November 20, 1862, Series III, Vol. II, p. 845 Page 155 CONFEDERATE AUTHORITIES. 155 HDQRS. CAMP OF INsTRucTION, DEPT. OF SOUTH CAROLINA, Columbia, S. C., November 1, 1862. General S. COOPER, Adjutant and Inspector General, Richmond, Va.: GENERAL: In pursuance of paragraph IV, General Orders, No. 64, I have the honor to report: 1. No conscripts have been moved since last report. 2. Numberin camp atlast report 54 3. Number reported for duty since last report 58 Total 112 4. Number discharged 44 5. Number deserted 8 6. Number assignedto duty 5 7. Number now in camp 55 Total 112 8. Deserters fromtheArmyreported for duty 2 I also have the honor further to report that in obedience to an order by telegraph from the Secretary of War I adopt as instruction the inclosed letter from the Secretary to Col. James Chesnut. By invi- tation of the Governor and Council I attended a consultation on the topics therein embraced. From information derived in that consul- tation and from other sources, and from my own observation, I con- clude that if the four regiments therein named were accepted, and the conscription confined to the rest of the State, I could bring into the field within thirty days over 3,000 men; but that if these regiments arc not acJepted the entire force under the present order of conscrip- tion will not exceed 1,000. The extension of the order to the age of forty-five would bring, perhaps, 2,000. A large number of the persons under forty and forty-five now in these regiments as volunteers will be exempted under the act of Congress. Exemptions will be claimed under conscription which will be waived under volunteering. These four re~iments, as they are, will bring 3,000 men into the field. Abstract those under forty and you will reduce them, perhaps, 500. Of these 500 a third or more will, perhaps, be entitled to exemption. I am proceeding with preparations to facilitate the enrollmnemit by obtaining the rolls of the State and extracting the names bctween thirty-five and forty and forty and forty-five. On the 5th day of this month I will send the enrolling officers to their posts and hope to have every man in camp in twenty days, or on the 1st day of December at farthest. Having but a single company of sixty men at this post to do the entire guard duty over large Government stores, the prison, and the conscripts in camp, I shall be compelled to call on the general commanding for frequent aid in arresting the conscripts in the remote mountainous and the swamp re~ions of the State. All who are now renmaining of the late enrollment are either in the gorges of the moun- tains or the impenetrable swamps of the lower country. I have the honor to inclose copies of my correspondence with the State authori- ties on a demand for assistance in the enrollment and arrests. It is proper to state that the authorities most earnestly and promptly tender all reasonable aid in the prosecution of time enrollment. While they yield their organizations- from the impracticability of acceding to the propositions of the Secretary, they at once and to the full exten Page 156 156 CORRESPONDENCE, ETC. of their power tender me every aid in carrying out the orders of the Department. I have the honor to be, your obedient servant, JNO. S. PRESTON, Lieut. Col. and Assistant Adjutant-General, Commanding. [Inclosure No. 1.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Hon. JAMES CHESNUT, Richmond, Va., October 25, 1862. Chief of Military, South Carolina: SIR: I have the honor to inform yon that in conformity with the proposition snbmitted by Colonel Elford, the Confederate Govern- ment will accept and retain for local defense the fonr regiments of State troops commanded by Colonels Cash, Elford, Witherspoon, and Ryan with their officers, and will snifer them to be filled to their maximum with men over forty years of age. The men from thirty- five to forty years of age will be withdrawn from those regiments and, together with the conscripts in the seven remaining regiments of State troops, will be placed in the South Carolina regiments which were in service on the 16th of April last. The seven regiments will be disbanded. Your obedient servant, GEO. W. RANDOLPH, Secretary of War. [Inelosure No. 2.] HEADQUARTERS CAMP OF INSTRUCTION, Columbia, S. C., October 27, 1862. His Excellency Governor PICKENS and THE EXECUTIVE COUNCIL OF SOUTH CAROLINA: I have the honor to inform you that I have received orders from the Secretary of War to enroll all men between the ages of eighteen and forty years, under the act of Congress approved the day of Octo- bet, 1862. To facilitate this enrollment I respectfully ask that an order be issued by authority of the State requiring all militia officers to make returns to the enrolling officers of the names of all persons liable to conscription under the act cited, and also requiring the militia offi- cers to arrest and deliver to the enrolling officers persons so returned who refuse or delay to report to the enrolling officers. I would further respectfully ask that the shei~iffs of the State be required to give all aid in effecting the enrollment an(l delivering the conscripts to the enrolling officers. I have the honor to be, very respectfully, your obedient servant, JOHN S. PRESTON, Lient. Col. and Assistant A0utant- General, Commanding. [Inclosure No. 3.] EXECUTIVE COUNCIL CHAMBER Col. JOHN S. PRESTON, Columbia, October 31, 1862. Commanding Post: SIR: I have the honor to inform you that upon your application to the Governor and Council, they have instructed the adjutant-general to issue an order requiring militia officers to make returns for enroll- ment of all persons in their respective beats subject to Confederat Page 157 CONFEDERATE AUTHORITIES. 157 conscription. Orders to the sheriffs to aid in arresting defaulters, & c., have already been issued, and no further order to them is deemed necessary. I have the honor to be, very respectfully, your obedient servant, B. F. ARTHUR, Secretary Executive Council. Return of the state of the recruiting service. HEADQUARTERS CAMP OF INSTRUCTION, Near Richmond, November 1, 1862. Conscripts on hand at date of last report (October 20) 40 Conscripts received since date of last report - 76 116 Conscripts assigned since last report 11 Conscripts detailed since lastreport 2 Conscripts discharged by order Secretary of War 1 Conscripts absent withleave 16 Conscripts absent without leave 7 Dunkards discharged by paying $500 to Confederate States 8 Dunkards furloughed until second Monday in December 26 Conscripts furnished substitutes - - - - - - 1 72 Balance 44 CAMP OF INSTRUCTION, Dublin Depot, November 1, 1862. Conscripts on hand at date of last report (October 1) 31 Conscripts received since date of last report 76 107 Conscripts assigned since date of last report 24 Conscripts detailed since date of last report 4 Conscripts discharged since date of last report 57 Conscripts furloughed since date of last report 5 Conscripts deserted since date of last report 4 3 ___ 94 Balance 13 REcAPITULATION. NOVEMBER 1,1862. Conscripts remaining in camp of instruction at Richmond 44 Conscripts remaining in camp of instruction at Dublin Depot 13 Total - 57 Respectfully submitted. J. C. SHIELDS, Lieutenant-Colonel, Commanding. General S. COOPER Adjutant and Inspector General. CONFEDERATE STATES QF AMERICA, SUBSISTENCE DEPT., Richmond, November 3, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War: SIR: In addition to the letters and telegrams already shown you in regard to the difficulty of transportation, particularly from Gordons- ville to Richmond, I beg leave to inclose now a telegram from H. B Page 158 158 CORRESPONDENCE, ETC. Hoomes, commissary agent, and also a letter from Mr. John S. Bar- bour, president Orange and Alexandria Railroad, to Major Ruffin, for your consideration and action.* I feel it my duty to state in this connection that, notwithstanding the most strenuous efforts, wheat enough is not being received to furnish flonr for General Lees army alone. I am informed by reliable authority that in ordinary years, with an average crop of wheat, up to this time there would be received in Richmond 800,000 to 1,000,000 bushels of wheat, whereas, notwith-. standing the high price that it commands, and notwithstanding the aid which has been extended to the farmers by commissary agents throughout the country, there has not been received more than 250,000 to 300,000 bushels. This proves that there is a great scarcity of wheat. This years crop, it is believed, thorough out the State is not more than one-fourth an average one, and a considerable portion of the State we cannot draw from at all. Unless, therefore, some- thing is done to afford transportation for all the wheat that can be procured, I do not see anything but failure and ruin to our Army. As much grain as is needed cannot be procured, it is feared, even if this transportation is afforded, and without that transportation is obtained in some way we must break down. I feel it my duty to urge this matter upon your attention. It cannot be 6onsidered too deeply, nor the remedy applied with too munch promptness. The chances of procuring sufficient supplies are becoming every hour more and more doubtful, and the area of country drawn from smaller and smaller. I am powerless to remedy the evil, and can only lay before you the state of the case for your action. A sufficiency of bags is as great a necessity to secure a supply of flour as anything else. During the last summer the cotton mills throughout the coun- try were written to with a view to secure an ample supply of bags, but this Bureau was requested not to purchase bags by Major Fergu- somi, of the Quartermasters Department, who was engaged in the north and would procure them, it was said, for both the Commissary and Quartermasters Bureaus. To avoid competition between two Government agents this was acquiesced in. Upon application now it seems that not one-tenth of the requisite quantity of bags can be obtained. I have the honor to be, very respectfully, your obediemit servant, L. B. NORTHROP, Commissary-General C. S. Army. CONFEDERATE STATES OF AMERICA, SUBSISTENCE DEPT., Richmond, November 3, 1863. Col. L. B. NORTHROP, Commissary- General of Subsistence: SIR: In response to youm~ inquiry as to prospect of subsistence in meat of our armies for the next sixty days, I reply that Gemieral Lees army is drawing very closely on the supplies of fresh beef, and at their present rate of consumption I do not think that there will be more than enough to last them until the 1st of January. rfhe vevy xe~drought of the past summer and early fall leaves the cattle so thin that the same number of bullocks does not go as far as it did last fall, and the scarcity of supply is drawing much younger beasts to * Not found Page 159 CONFEDERATE AUTHORITIES. 159 market than caine last year. The drain of Virginia has been less complete than it would have been but for the fact that supplies of cattle are being obtained from the Northern Neck and from the oppo- site shore, then being driven in to escape appropriation by the enemy. But this number is small. The forces south of Richmond to Mobile have been supplied from the low counties of North Carolina and Georgia and Florida. Efforts are now being made to draw all the supplies from North Carolina in anticipation of its occupation by the enemy, but transportation cannot be had. The business of selling and transmitting supplies of the character alluded to, especially through new channels, is new to the people, and they are not expected in any case to furnish a large proportion. Of the supplies of stock in Georgia and Florida I cannot speak accurately, having beeu taken sick about the time operations were inaugurated, and having had no time since to ascertain what has been done or can be done. But the country through which the cattle must be driven is not a good one to subsist them in in the winter, and the whole line is subject to be broken by the enemy at any point, and cannot be relied on as a source of supply. If cattle can be crossed over the Mississippi from Texas and Louisiana, as they have been heretofore, large numbers of them, it is thought, can be wintered in the corn and pea fields of Northern Mississippi; bitt the high price of corn evidences a scarcity that will forbid their being driven very far, if it is desired to consume them, and they will not in any event be relied on for the consumption of any part of the army in Virginia. Whether there will be adequate supplies for the Army of North- western Virginia depends very much on the size of that army. The fear of invasion and the waste of the army, never to be sufficiently blamed, have driven out many stock from that section, as is evidenced by the fact that I have seen some cattle from there in this market from eighteen months to two years old, a thing never heard of before. Agents are busily at work draining the southwest, but, as I have just learned (since I began to write this letter), General Echols has fallen back to Dublin, and I presume he will appropriate a considerable part of the sc~nt supply of beef destined for General Lee. Maj. J. F. Cum- mings is operating with numerous agents in Tennessee, and thinks if he can be supplied with money promptly he can obtain six mouths supply there of beef, pork, and bacon. Whether he means for the whole Army or for those under General Braggs command does not appear, and as he is too much engaged to make a detailed report, I cammnot expect to hear for some time. But I presume he means only for that army. But in any event, judging by the past and present experience of the rrrea,sllry Department, he will be partially balked by a failure to obtain money promptly, even if we can hold that country long enough to withdraw all its supplies. As to hogs, all are being bought there that can be bought, but the number it is thought will be less than was obtained last year, and there is not an absolute certainty that enough salt can behad to pack all that can be obtained. If it can, the experience of last year warns us that it is unfit for pack- ing to the best advantage, much loss having resulted from using it in its raw state then, and it is in no better condition miow. The pork in private hands will not be saved, either, as well or as abundantly, both from the bad quality of the salt and from its great scarcity. If to this estimate of short supply be added the waste committed by the soldiers, and permitted in some corps and perpetrated in others by the generals in command, I think it would be imprudent to estimat Page 160 160 CORRESPONDENCE, ETC. full supplies to January, and a fatal error to rely on full supplies after that time in any quarter. Very respectfully, your obedient servant, FRANK G. RUFFIN, ]Iliajor and Commissary of Subsistence. GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 82. Richmond, November 3, 1862. I. The following acts of Congress and regulations are published for the information of all concerned :* (No. 17.) AN ACT to amend an act entitled An act to provide further for the public defense, approved April 16, 1862. The Congress of the Confederate States of America do enact, That the President be and he is hereby authorized to call out and place in the military service of the Confederate States for three years, unless the war should have been sooner ended, all white men, who are residents of the Confederate States, between the ages of thirty-five and forty-five years, at the time the call or calls may be made, and who are not, at such time or times, legally exempted from military service, or such part thereof as, in his judgment, may be necessary to the public defense, such call or calls to be made under the provisions and according to the terms of the act to which this is an amendment: and such authority shall exist in the President dunng the present war, as to all persons who now are or may hereafter become eighteen years of age; and, when once enrolled, all persons between the ages of eighteen and forty-five shall serve their full time: Provided, That if the President, in calling out troops into the service of the Confederate States, shall first call for only a part of the persons between the ages hereinbefore stated, he shall call for those between the ages of thirty-five and any other age less than forty-five: Provided, That nothing herein contained shall be understood as repealing or modifying any part of the act to which this is amendatory, except as herein expressly stated: And provided further, That those called out under this act, and the act to which this is an amendment, shall be first and immedia~el y ordered to fill to their maximum number the companies, battalions, squadrons and regiments from the respective States at the time the act to further provide for the public d~ense, approved sixteenth April, one thousand eight hundred and sixty-two, was passed, and the surplus, if any, shall be assigned to organizations formed from each State since the passage of that act, or placed in new organizations to be officered by the State having such residue, according to the laws thereof, or disposed of as now provided by law: Provided, That the President is authorized to suspend the execution of this act, or the act to which this is an amendment, in any locality where he may find it impracticable to execute the same, and that in such locality, and during said suspension, the President is authorized to receive troops iAto the Confederate service, under any of the acts passed by the Confed- erate Congress prior to the passage of the act to provide further for the public defense, approved sixteenth April, one thousand eight hundred and sixty-two. Approved September 27, 1862. (No. 58.) AN ACT to exempt certain persons from military duty, and to repeal an act entitled An act to exempt certain persons from enrollment for service in the Army of the Confederate States, approved 21st April, 1862. The Congress of the Confederate States of America do enact, That all persons who shall be held unfit for military service in the field, by reason of bodily or mental incapacity or imbecility, under rules to be prescribed by the Secretary of War; the Vice President of the Confederate States; the officers, judicial and executive, of * For the first act embodied in this order (but here omitted), see An act to further provide for the public defense, approved April 16, 1862, published in Gen- eral Orders, No. 30, Adjutant-Generals Qffice, Vol. I, this series, p. 1095 Page 161 CONFEDERATE AUTHORITIES. 161 the Confederate and State governments, including postmasters appointed by the President and confirmed by Ihe Senate, and such clerks in their offices as are allowed by the Postmaster-General, and now employed, and excluding all other postmasters, their assistants and clerks; and except such State officers as the several States may have declared, or may hereafter declare by law to be liable to militia duty; the members of both Houses of the Congress of the Confederate States, and of the Legislatures of the several States, and their respective officers; all clerks now in the offices of the Confederate and State governi!ients authorized by law receiving salaries or fees; all volunteer troops, heretofore raised by any State since the passage of the act entitled An act further to provide for the public defense, approved April the sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any person who was liable to be called into serv- ice by virtue of said act of April the sixteenth, eighteen hundred and sixty-two; all pilots and persons engaged in the merchant marine service; the president, superintendents, conductors, treasurer, chief clerk, engineers, managers, station agents, section masters, two expert track hands to each section of eight miles, and mechanics in the active service and employment of railroad companies, not to embrace laborers, porters, and messengers ; the president, general superintendent and operators of telegraph companies, the local superintendent and operators of said companies, not to exceed four in number at any locality, but that of the seat of Government of the Confederate States; the president, superintendents, cap- tains, engineers, chief clerk and mechanics in the active service and employment of all companies engaged in river and canal navigation, and all captains of boats and engineers therein employed; one editor of each newspaper now being pub- lished, and .such employ6s as the editor or proprietor may certify, upon oath, to be indispensable for conducting the publication; the Public Printer, and those employed to perform the public printing for the Confederate and State govern- ments; every minister of religion authorized to preach according to the rules of his sect and in the regular discharge of ministerial duties, and all persons who have been and now are members of the society of Friends and the association of Dunkards, Nazarenes, and Mennonites, in regular membership in their respective denominations: Provided, Members of the society of Friends, Nazarenes, Men- nonites, and Dunkards shall furnish substitutes or pay a tax of five hundred dollars each into the public Treasury; all physicians who now are, and for the last five years have been, in the actual practice of their profession; all shoemakers, tanners, blacksmiths, wagon-makers, millers and their engineers, millwrights. skilled and actually employed at their regular vocation in the said trades, habit- ually engaged in working for the public, and whilst so actually eniployed: Provided, Said persons shall make oath in writing that they are so skilled and actually employed at the time at their regular vocation in one of the above trades, which affidavit jhall only be prima facie evidence of the facts therein stated: Provided, further, That the exemptions herein granted to persons by reason of their peculiar mechanical or other occupation or employment, not connected with the public service, shall be subject to the condition that the products of the labor of such exempts, or of the companies and establishments with which they are connected, shall be sold and disposed of by the proprietors at prices not exceeding seventy- five per centum upon the cost of production, or within a iiiaximum to be fixed by the Secretary of War, under such regulations as he may prescribe: And it is further provided, That if the proprietors of any such inanufactuiing establish- ments shall be shown, upon evidence, to be submitted to, and judged of, by the Secretary of War, to have violated, or in any manner evaded the true intent and spirit of the foregoing proviso, the exemptions therein granted shall no longer be extended to them, their superintendents or operatives in said establishments, but they and each and every of them shall be forthwith enrolled under the pro- visions of this act, and ordered into the Confederate Army, and shall in no event, be again exempted therefrom by reason of said manufacturing establishments or employment therein; all superintend~its of public hospitals, lunatic asylums, and the regular physicians, nurses and attendants therein, and the teachers employed in the institutions for the deaf, dumb and blind; in each apothecary store, now established and doing business, one apothecary in good standing, who is a practical apothecary; superintendents and operators in wool and cotton factories, paper mills, and superintendents and managers of wool-carding machines,who may be exempted by the Secretary of War: Provided, The profits of such establishments shall not exceed seventy-five per centum upon the cost of production, to be determined upon oath of the parties, subject to the same penalties for violation of the pro- visions herein contained as are hereinbefore provided in case of other manufactur- ing and mechanical employments; all presidents and teachers of colleges, acade- 11 R RSERIES IV, VOL I Page 162 162 - CORRESPONDENCE, ETC. mies, schools and theological seminaries, who have been regularly engaged as such for two years previous to the passage of this act; all artisans, mechanics, and employ~s in the establishments of the Government for the manufacture of arms, ordnance, ordnance stores, and other munitions of war, saddles, harness and army supplies, who may be certified by the officer in charge thereof, as necessary for such establishments; also, all artisans, mechanics, and employ~s in the establishments of such persons as are or may be engaged under contracts with the Government in furnishing arn~, ordnance, ordnance stores, and other munitions of war: Pro- vided, That the chief of the Ordnance Bureau, or some ordnance officer authorized by him for the purpose, shall approve of the number of the operatives required in such establishments; all persons employed in the manufacture of arms or ord- nance of any kind by the several States, or by contractors to furnish the same to the several State governments, whom the Governor or secretary of state thereof may certify to be necessary to the same; all persons engaged in the construction of ships, gun-boats, engines, sails, or other articles necessary to the public defense, under the direction of the Secretary of the Navy; all superintendents, managers, mechanics and miners employed in the production and manufacture of salt to the extent of tw~ty bushels per day, and of lead and iron, and all persons engaged in burning coke for smelting and manufacture of iron, regular miners in coal mines, and all colliers engaged in making charcoal for making pig and bar iron, not to embrace laborers, messengers, wagoners, and servants, unless employed at works conducted under the authority and by the officers or agents of a State, or in works employed in the production of iron for the Confederate States; one male citizen for every five hundred head of cattle, for every two hundred and fifty head of horses or mules, and one shepherd for every five hundred head of sheep, of such persons as are engaged exclusively in raising stock: Provided, That there is no white male adult not liable to do military duty engaged with such person in raising said stock; to secure the proper police of the country, one person, either as agent, owner or overseer on each plantation on which one white person is required to be kept by the laws or ordinances of any State, and on which there is no white male adult not liable to do military service, and in States having no such law, one person as agent, owner or overseer, on each plantation of twenty negroes, and on which there is no white male adult not liable to military service: And furthermore, For additional police for every twenty negroes on two or more plantations, within five miles of each other, and each having less than twenty negroes, and on which there is no white male adult not liable to military duty, one person, being the oldest of the owners or overseers on such plantations; and such other persons as the President shall be satisfied, on account of justice, equity or necessity, ought to be exempted, are hereby exempted from military service in the armies of the Confederate States; and also a regiment raised under and by authority of the State of Texas, for frontier defense. now in the service of said State, while in such service: Provided, fur- ther, That the exemptions herein above enumerated and granted hereby shall only continue whilst the persons exempted are actually engaged in their respect- ive pursuits or occupations. SEC. 2. Be it further enacted, That the act entitled An act to exempt certain persons from enrollment for service in the armies of the Confederate Statess approved the twenty-first of April, eighteen hundred and sixty-two, is hereby repealed. Approved October 11, 1862. (No. 42.) AN ACT to amend an act entitled An act to further provide for the public defense, approved 16th April, 1862, and the act to amend the same, approved September 27th, 1862. The Congress of the Confederate States of America do enact, That all persons subject to enrollment for military service may be enrolled under instructions from the War Department, arni reported by the enrolling officer wherever found, whether within the State or county of their residence or not; and when so enrolled shall be subject to the provisions of law as fully as if enrolled within the county and State of which they may be residents: Provided, That this act shall not extend to any member of a military organization under any State law while he remains in actual service within the limits of his State: And provided,furt her, That the President is authorized to suspend the execution of this act as regards the residents of any locality where he may find it impracticable to execute the act entitled An act to further provide for the public defense, approved April six- teenth, eighteen hundred and sixty-two, and the act to amend the last-mentioned act, approved September twenty-seventh, eighteen hundred and sixty-two. Approved October 8, 1862 Page 163 CONFEDERATE AUTHORITiES. 163 (No. 49.) AN ACT to establish places of rendezvous for the examination of enrolled men. The Congress of the Confederate States of America do enact, That there shall be established in each county, parish or district, and in any city in a county, par- ish or district in the several States, a place of rendezvous for the persons in said county, district, parish or city, enrolled for military duty in the field, who shall be there examined by one or more surgeons, to be employed by the Government, to be assigned to that duty by the President on a day of which ten days notice shall be given by said surgeon, and from day to day next, thereafter, until all who shall be in attendance for the purpose of examination shall have been examined; and the decision of said surgeons, under regulations to be established by the Sec- retary of War, as to the physical and mental capacity of any such person for mili- tary duty in the field, shall be final; and those only thus ascertained to be fit for military duty in the field shall be required to assemble at camps of instruction. SEC. 2. There shall be assigned to each Congressional district in the several States, three surgeons, who shall constitute a board of examination in such dis- trict for the purpose specified in the foregoing section, any one or more of whom may act at any place of rendezvous in said district. SEC. 3. When it shall appear to any surgeon attending such place of rendezvous by the certificate of a respectable physician resident in that county, district, par- ish, or city in a county, parish or district, that any enrolled person therein is unable to attend on account of sickness, it shall be the duty of said surgeon to file such certificate with the commandant of the nearest camp of instruction; and if the person named therein, shall not within a reasonable time report himself for examination at said camp of instruction, or his continued disability certified by the certificate of a respectable physician of his county, city, district or parish, he shall be held liable as absent without leave of his commanding officer. Approved October 11, 1862. II. Commandants of conscripts and camps of instruction. 1. An officer styled the commandant of conscripts will be appointed for each State, who will be charged with the supervision of the enroll- inent and disposition of conscripts. He will establish one or more camps, in which conscripts will be assembled and instructed, and may recommend for appointment a surgeon, a quartermaster, a commis- sary, and a requisite number of drill-masters for each camp. If more than one camp be established, he may also recommend a commandant for each camp not under his own immediate command. 2. A hospital will be established, and huts for winter quarters con- structed at each camp; and all conscripts assembled at the camps will be promptly vaccinated, if it has not already been done. 3. The commandant of conscripts will require from each camp a report on the first Monday in every month, showing the expenses of the preceding month, the number of conscripts in the camp, the number received and sent away during the preceding month, the regi- mnents, battalions, or companies to which they were sent, the number transferred to the Navy, the number of sick, the nature of their dis- eases, and the number of deaths. He will make a consolidated monthly report to the Adjutant and Inspector General of the Army. 4. The commandants of conscripts east of the Mississippi River will receive orders only from the War Department, and will not be inter- fered with by generals commahding departments or armies in the field. West of the Mississippi they will report to and receive instruc- tions from the commanding general of the Trans-Mississippi Depart- muent, who will require them to conform as nearly as possible to this order and to the regulations prescribed for commandants east of the Mississippi. He will make a consolidated monthly report to the Adjutant and Inspector General of the Army. 5. The commandants of all regiments, battalions, squadrons, or unattached companies which were in service on the 16th of April, 1862 Page 164 164 CORRESPONDENCE, ETC. desiring to receive conscripts may transmit, through the Adjutant and Inspector General of the Army, statements of the strength of their commands to the commandant of conscripts in their respective States, who, unless othewise ordered, will, as far as practicable, distribute the conscripts of the State among its regiments, battalions, and compa- nies thereof, in proportion to their respective deficiencies. lie will con- sult the wishes of the conscripts in assigning them to companies or regiments so far as may be consistent with their proper distributioii, and will not separate men from the same county, district, or parish if it can be avoided. The same rule will be observed by the com- mandants of corps in assigning conscripts to companies. 6. Conscripts for cavalry will only be taken from those who furnish their own horses. No conscripts can be assigned to companies mus- tered into service since the 16th of April, 1862. 7. The commandants of conscripts are specially enjoined to pay unceasing attention to the health, comfort, and instruction of the con- scripts under their command, and to bear in mind that the efficiency of the Army and the safety of the country depend in a great measure upon their faithful discharge of these duties. III. Enrollment of conscripts. All white male residents of the Confederate States between the ages of eighteen and forty, not exempted by act of Congress or not already in the service, will be enrolled. Persons liable to enrollment may be enrolled wherever they may be found, as provided by the act No. 42, herewith published. IV. Undomiciled foreigners. 1. Foreigners not domiciled in the Confederate States are not liable to enrollment. Domicile in the Confederate States consists in residence with intention permanently to remain in those States and to abandon domicile elsewhere. Long residence, of itself, does not constitute domicile. A person may acquire domicile in less than one year, and he may not acquire it in twenty years residence. If there be a determni- nation to return to the native country and to retain the domicile there, no length of residence can confer domicile. The principal evi- d~nces of intention to remain are the declarations of the party, the exercise of rights of citizenship, marriage, and the acquisition of real estate; but the intention may be gathered from other facts. 2. The enrollment will be made by the enrolling officers of the State, if the Governor thereof will permit them to act under the orders of the commandant of conscripts; an application will be made by the said commandants for such permission. If it be declined, the com- muandant will report the fact to the Adjutant and Inspector General and ask for the employment of Confederate officers for the purpose of making enrollments. If the Governor consent, but the enrolling officers of the State be found unable or unwilling to discharge their duty efficiently, the like application will be made to the Adjutant and Inspector General; and in~ such event a commissioned officer for each Congressional district and a non-commissioned officer or private for each county, city, town, district, or parish will be assigned to such duty. In making such assignment officers and men disabled by wounds from active duty in the field and acquainted in the locali- ties in which they are required to serve will, as far as practicable, be selected. The commissioned officer in each district will supermn- tend the enrollments and collection of conscripts therein. Non-coin- missioned officers and privates while so employed will be allowed pay as extra-duty men. The enrolling officers of the States, if em Page 165 CONFEDERATE AUTHORITIES. 165 ployed, will be paid the compensation allowed by the State laws for similar services. The commanding generals of armies in the field will order such commissioned officers, non-commissioned officers, and privates as they think qualified to be enrolling officers or drill officers, and who are unfit for active service in the field, to report to the com- mandant of conscripts in their respective States, who will order such of them to duty as may be required, and report the remainder by let- ter to the commanding general as not needed for such service. 3. Enrollments for particular regiments, squadrons, battalions, and companies in service on the 16th of April, 1862, may be made by offi- cers detailed for the purpose by the commanding general of a depart- ment or an army in the field; but such officers must report to the coin- mandant of conscripts in their respective States, receive instructions from him, and assemble their conscripts at such point as he may desig- nate. Conscripts enrolled without reporting to such commandant will be deemed to be enrolled for general service, and shall, at any time be transferred on their own application, or on the application of commandants of corps needing conscripts, to such corps. V. Exemptions. The exemption act will be construed prospectively, and does not authorize the discharge of any one enrolled or in service prior to the 11th day of October, 1862. VI. Bodily and mental infirmities. 1. Question of bodily and mental incapacity will be decided by sur- geons employed for the purpose, by virtue of the a~ of Congress approved on the 11th of October, 1862. Three surgeons of each Con- gressional district will be recommended by the commandants of con- scripts to the Adjutant and Inspector General for employment under the foregoing act, and the said commandants will establish in each county, city, parish, or district a place of rendezvous for the exam- ination of conscripts enrolled therein. 2. The three surgeons employed in each Congressional district will constitute a board of examination for the district, and one or more of them ma~y act at any place of rendezvous therein. They shall fix days for the examination of conscripts in each county, city, parish, or dis- trict, and give at least ten days notice thereof by publication in one or more newspapers circulating in the Congressional district and by notice posted at the principal places of public resort. 3. The enrolling officer for the county, city, parish, or district shall attend at such examinations, and enroll and send to the camp of instruction such persons as are examined and found by the surgeon to be iiicapable of bearing arms; the standard of bodily capacity shall be that established by General Orders, No. 58, modified by the omission of the third paragraph, which authorized the enrollment of persons not equal to all military duty. No person will be enrolled as a conscript who is not capable of bearing arms. 4. Persons deemed incapable .f bearing arms shall be reported by the examining surgeon to the Board of Examination, who shall deter mine the questions of exemption and grant certificates thereof. The certificates shall specify wh& her the incapacity is temporary or per- mnanent; and if permanent the party shall be exempt from future examination, unless specially ordered by the Board. So soon as the examining board shall be organized in any Congressional district and shall enter upon the discharge of their duties, no other mode of exam ination for persons in that district will be pursued, and the decision of the Examining Board will be deemed final Page 166 166 CORRESPONDENCE, ETC. 5. The fact that a person has been discharged from service for physical disability or other cause does not of itself exempt from enrollment as a conscript. 6. If any enrolled person is unable to attend at the rendezvous on account of sickness he will send to the examining surgeon a certifi- cate specifying the cause of absence and its probable duration from some respectable physician resident in the county, city, parish, or district in which the rendezvous is situated. The examining surgeon shall send the certificate to the commandant of the nearest camp of instruction, and if the person mentioned therein shall not report him- self for examination at the said camp within a reasonable period, or send to the commandant of the camp a renewal of the certificate show- ing his continued disability, he shall be deemed absent without leave. 7. A compensation of ~4 per diem while actually employed will be allowed to each of the examining surgeons, and will be paid on their certified account by the quartermaster of the nearest camp of instruction. VII. Friends, Dunkards, Nazarenes, and Mennonites. All persons of the above denominations in regular membership therein on the 11th day of October, 1862, shall be exempt from enroll- ment on furnishing a substitute, or on presenting to the enrolling offi- cer a receipt from a bonded quartermaster for the tax of ~OO imposed by act of Congress and an affidavit by the bishop, presiding elder, or other officer whose duty it is to preserve the records of membership in the denomination to which the party belongs, setting forth dis- tinctly the fact that the party on the 11th day of October, 1862, was in regular membership with such denomination. The affidavit must be taken and certified by a justice of the peace or other officer appointed by the law of his State to administer oaths, and his authority to administer oaths must be certified by the clerk of a court of record under the seal of the court. All assistant quarter- masters to whom the said tax is tendered will receive and receipt for it, and pay the same into the Treasury of the Confederate States w~hout unreasonable delay. The enrolling officer will receive the receipt and forward it to the commandant of conscripts, by whom it will be forwarded to the Quartermaster-General, who will charge the assistant quartermaster with the amount received by him. VIII. Provision against extortion. 1. When application for exemption is made by any shoemaker, tanner, blacksmith, wagon-maker; miller, mill engineer, or millwright not in the employment of any company or establishment, but work- ing for himself, the party seeking exemption shall state in writing under oath that he is skilled and actually employed in his said trade; that he is habitually engaged in working for the public; that the products of his labor, while exempt from military service, shall not be sold, exchanged, or bartcred for a price exceeding the cost of pro- duction and 75 per cent. pi~ofit thereon, and that he will not by any arrangement, shift, or contrivance evade th~ law or receive a greater price or reward than ~t allows. 2. Where application is made to exempt superintendents and operatives in wool and cotton factories and paper mills, and super- intendents and managers of wool-carding machines, shoemakers, tanners, blacksmiths, wagon-makers, millers, mill engineers, or mill- wrights not working for themselves, but in the employment of some company or establishment, the president or some director, if the company be incorporative; if not, the proprietor of the business, o Page 167 CONFEDERATE AUTHORITIES. 167 if there be a firm, some partner therein, shall make oath in writing that the said snperintendents, operatives, managers, or mechanics, as the ease may be, are skilled and actually employed in their said vocations; that they are habitually working for the public; that they are absolutely necessary for the successful prosecution of the busi- ness of the concern; that the products thereof shall not be sold or exchanged or bartered during the said exemption for a price exceeding the cost of production and 75 per cent. profit thereon; that no shift, contrivance, or arrangement shall be made to evade the law or to secure a larger return or profit than it allows, and that exemption is not sought for a larger number of persons than is absolutely neces- sary for the successful prosecution of the business of the concern. 3. The foregoing affidavits shall be made before some justice of the peace or other person authorized by law to administer oaths; and if such justice or other person be not personally known to the enrolling officer to be what he purports to be, his official character and his right to administer oaths must be certified by the clerk of some court of record, under the seal of his court. The affidavits shall be returned to the commandant of conscripts, and exemptions shall be granted by the enrolling officer. If, however, he suspect false swearing or mistake, he shall refuse the exemption and refer the case, after first enrolling the names of the parties in question, to the commandant of conscripts, who shall dispose of it. If at any time the enrolling officer have cause to suspect false swearing or mistake in the foregoing affidavits, he shall report the fact to the commandant of conscripts, and if the said commandant be satisfied after due investigation that a larger number of persons is designedly employed than is necessary, or that a larger profit than the law allows is received, either directly or indi- rectly, he shall order the enrollment of the parties exempted upon the said affidavits. IX. Details. Citizen employ~s and mechanics who are employed in establishments of the Government or by contractors with the Government in the man- ufacture of arms, ordnance, ordnance stores, and other munitions of war, saddles, harness, and army supplies will be enrolled and returned to their work, provided the chief of the Ordnance Bureau, or some ordnance officer authorized by him for the purpose, shall certify that the number of operatives required by the officer in charge of such establishment or by such contractor for Government work is reason- able and not excessive. Such certificate will be presented to the enrolling officer, who will thereupon make the detail of the men speci- fied for a period not exceeding sixty days and return the certificate to the commandant of conscripts. At the expiration of such detail the officer in charge of the Government shop or the contractor in whose employment said conscripts are shall cause said certificates to be renewed or return the conscripts to the nearest camp of instruction. If the certificate be not renewed, or the conscripts be not returned, no other detail shall be granted to such establishment or contractor. In all cases of details for contractors the party requesting the detail shall make affidavit that the persons so detailed will not be employed on any other than Government work, which affidavit shall be returned to the commandant of conscripts; and if it be found that at any time such detailed conscripts are employed by said contractors upon work for private individuals, the detail shall be canceled by the commnan- dant of conscripts. Paragraph I, General Orders, No. 50, current series, is hereby revoked Page 168 1138 CORRESPONDENCE, ETC. X. To whom applications for exemption must be addressed. Applications for exemption must in all cases l)e made to the enroll- ing officer, from whose decision an appeal may be taken to the corn- mandant of conscripts. The Departuient will not consider the application until it has been referred by the latter officer. XI. Substitutes. 1. When a person claims exemption on the ground that lie has put a substitute in service, he must exhibit to the enrolling officer a dis- charge from sonic company, signed by the commanding officer of the regiment or command to which the said company belongs, or theii belonged (see General Orders, No. 26), or an exemption signed by the commandant of conscripts; and if the said discharge or exemption do not show that it was granted in consideration of a substitute having been furnished, such fact must be certified in writing by the ~onimanding officer of the regiment or command to which the com- pany belongs or by the comniandant of conscripts, as the case may be. But in all cases arising within thirty days from the date of this order the enrolling officer may grant the exemption upon satisfactory proof that the party furnished a substitute who was actually received into the service of the Confederate States for three years or the war, and the substitute is not liable to military service. Such exemption may at any tinie be canceled if fraud or mistake is discovered. 2. Paragraph II, General Orders, No. 29, current series, is hereby revoked. No persomi under eighteen years of age or not domiciled in the Confederate States, or not of good in oral character, or who is liable under the existing order to enrollment as a conscript shall be received as a substitute. And iii all cases in which a substitute becomes subject to military service the exemption of the principal, by reason of the substitution, shall expire. Amiy persomi subject to enroll- merit who desires to furnish a substitute may, at any time before enrollmeiit or before he is assigned to a company and sent from the camp of instruction, present a substitute at such camp; and if the substitute be capable of bearing arms and be of good moral character and not within the prohibited classes he shall be received, and the priicipal shall be exempt from military service. XII. Volunteering. All persons liable to conscription may before enrollment volunteer in-companies in service on the 16th of April, 1862, but after enroll- ment they cannot volunteer, nor can they at any time volunteer in companies received into service since the 16th of April, 1862. XIII. Miscellaneous. 1. All impressments of men by regimental, battalion, or company commanders, under any pretense whatever, are prohibited, it being the design of the Department to supply the Army exclusively through the officers appointed by this act. 2. All the laws and regulations applicable to deserters shall be applied to such conscripts as fail to repair to the place of rendez- vous for enrollment, or wh~ shall desert after enrollment. 3. All the agencies employed for the apprehension and confinememit of deserters, and their P~ansportation to the commands of their respect- ive commanders, shall be applicable to persons liable to duty as con- scripts who shall fail to repair to the place of rendezvous after the publication of the call. By order: S. COOPER, ~4~juUi;d (111(1 Ifls])ector GeTWr(d Page 169 CONFEDERATE AUTHORITIES. 169 JACKSON, Ao~e;rnbe, 1862. Lieni. (4eii. .1. (2. 1~EMBERTON, Headquarters, Jackson, Miss.: SIR: I have learned to my utter surprise that the cargoes of the schooners Marquez and Confidence have beeii released by other than military authority and sold by the owner, who has received his money. I also learn that parties claiming to be Government officers have granted written permits and made agreements with parties to trade between our lines and New Orleans, and some of the vessels lately seized have been acting under that authority. Without assuming to judge whether or not these clearly unlawful acts were justified by the exigencies of the case, it is quite clear that parties have assumed powers and authority which should only have been exercised by the commanding general, and I find this to be the cause of great coin- plaint among our best citizens. In order to ascertain the legal status of these seizures I have consulted Hon. W. P. Harris and Col. D. C. Glenn, distinguished lawyers and prominent citizens of Mississippi. They are clear on all these points, viz: All vessels trading under enemys license or bringing cargoes from ports of enemy are liable to capture generally, even after they enter our ports; the goods and ves- seLs liable to condemnation as prize of war; neutrals not ex~mpt if concerned in bringing cargoes from enemys ports. Confederate ves- sels owned by citizens are liable to capture. The fact that they came from eneniys port with goods sufficient to justify. I leave for Camp Moore this morning, and leave this for your con- sideration until a further investigation will enable me to make an official report. It dces seem to me that to more effectually correct and develop the knowledge of many irregularities in this department von will have to reorganize with officers of your own selection. Very respectfully, F. IL hATCh. CO~FEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, November 5, 1862. Col. L. B. NORTHROP, Gommissary- General: SIR: In reply to letter of 3d instant, you are respectfully informed that the Department is now engaged in selecting a superintendent of railroad transportation to whose supervision questions of the kind presented by you will be committed. Your obedient servant, GEO. W. RANDOLPH, Secretary of War. HEADQUARTERS CAMP OF INSTRUCTION, Decatur, Ga., November 6, 1862. Hon. GEORGE ~X. RANDOLPH, Secretary of lVar, Richmond: SIR: I have the honor to transmit herewith a copy of a communica- tion received from the adjutant and inspector general of this State, and also a copy of my reply to the same. Having seen the order of General Cooper, as published in the papers of Richmond and generall Page 170 170 CORRESPONDENCE, ETC. copied by the papers in this State, I issued orders to the enrolling officers of the several Congressional districts on the 5th instant (the day on which I received your communication from Colonel Wayne) to commence the enrollment of persons subject to conscription between the ages of eighteen and forty years. This order was immediately countermanded upon the receipt of the communication from Colonel Wayne and before any enrollments had taken place in pursuance of it. Your telegram in reference to foreigners has just been received and directions not to enroll them until further orders have been sent to my assistants. Very respectfully, youi obedient servant, JNO. B. WEEMS, Lieutenant- Golonel, Commanding. [Juclosure No. 1.1 STATE OF GEORGIA, ADJT. AND JNSP. GENERALS OFFICE, Milled geville, November 1, 18G2. Lient. Col. JOHN B. WEEMS, Provisional Army, Enrolling Officer for Georgia, Atlanta: COLONEL: I am instructed by the Governor to inquire if you have received orders from the War Department at Richmond to conscript men in this State between the ages of thirty-five and forty. Having seen in the papers that such orders had been issued by the Secretary of War, the Governor addressed a letter to the President on the sub- ject, but receiving no reply from him he directs me to obtain the desired information from you, and at the same time to notify you that if such orders have been received by you he cannot permit them to be executed in the State until the meeting of the Legislature on the 6th instant, when the matter will be submitted to that body for its action. Very respectfully, your obedient servant, HENRY C. WAYNE, Adjutant and Inspector Gener(d. S I Inclosure No. 2.] HEADQUARTERS CAMP OF INSTRUCTION, Decatur, Ga., November 6, 1862. HENRY C. WAYNE, Adjt. and Insp. Gem of Georgia, Milledgevilie: SIR: I received by last nights mail your communication under date of the 1st instant, informing me that you had been instructed by Gov- ernor Brown to inquire of me if I had received orders from the Depart- ment of War at Richmond to conscript men in this State between the ages of thirty-five and forty, and also to notify me that if such orders had been issued he would not permit them to be executed in this State until the meeting of the Legislature on the 6th instant. In reply I have only to say that Governor Brown having made application to His Excellency President Davis for the desired information and (as you state) failed to receive ammy reply, I most respectfully decline aim answer to his inquiries. Very respectfully, your o1)edieflt servant, JNO. B. WEEMS, Lieutenant- C~olonel, Commanding Page 171 CONFEDERATE AUTHORITIES. 171 HEADQUARTERS CAMP OF INSTRUCTION, Near Richmond, November 6, 1862. General S. COOPER, Adjutant and Inspector General: GENERAL: Accompanying my report, herewith inclosed, I have the honor to submit the following statement: The report only gives the operations of this and the camp of instruction at Dublin Depot. The counties of the Valley have been nearly drained of conscripts by officers sent for the purpose by Major-General Jackson, and the men never accounted for to me, with the exception of those reported by Col. M. G. Harman, Fifty-second Virginia Regiment, enrolling officer at Staunton. The same is the case with all the counties within the influence of Major-General Lorings command. Undoubtedly a very large number of conscripts have been collected and sent to the armies of the Valley and Southwestern Virginia who do not appear upon my report, which is chiefly confined to the eastern portion of the State. The discrepancy between the total number enrolled as liable to duty and the total number actually received into the camps of instruction is due to the fact that a great many of the men fail to report at the time and place appointed, and others desert en route. The enrolling officers, as a general thing not being provided with competent guards, have not the means of preventing this, but many of these men subsequently join volunteer companies already in the service, and should be properly accounted for to me by the officers receiving them. The number of desertions from this camp have been about 140 up to this time; four-fifths of these have been substitutes de~erting within twenty-four hours of their being received as such. I have endeavored in every way to protect the Government in this matter of substitutes, even to retaining the money until they are assigned, but with no success. Either some example should be made of them or the principal be in some manner held responsible. I should be pleased to receive any suggestions or instructions concern- ing this subject from the Department. A majority of the enrolling officers Jiave failed or not deemed it necessary to report to me the number of deserters, stragglers, & c., arrested by them and returned to their respective regiments. I am confident the number so arrested is very large, nearly equaling the conscripts, from the verbal state- ments of these officers, and it should be credited to the recruiting conscript service. I shall instruct the officers hereafter to make their reports embrace this class as well as the conscripts. At the beginning of the conscript service I was mainly dependent upon the State officers for purposes of enrollment, but subsequently received the services of many regular C. S. officers. Nine out of ten State officers and a large number of C. S. officers proving inefficient, have been from time to time relieved. Now that the act has been extended to embrace all persons between eighteen and forty, I respectfully request that I may be permitt& 1 to select from the regular service such officers as I know will render efficient service in enrolling and reporting the conscripts promptly into camp. In this connection I have already brought to y6ur attention the names of Major Cabell, Captain MePhail, and one or two others. I propose to assign a supe- rior officer to each Congressional district, who will have entire charge of the business in his district, receiving the reports of sub- ordinate officers in the different counties, and forwarding the con- scripts as enrolled to the nearest~ camp of instruction, lie will als Page 172 172 CORRESPONDENCE, 1~TC. have control of the expenditures of the subordinate officers, and thus effect a great saving to the public Treasury, as he will be required to certify to the justness of all accounts before they are submitted to this office. I hope it will be the pleasure of the Department to accept my suggestion in this matter, as it is my earnest desire to see the act carried out in the most expeditious and effective manner, and at the same time with the very smallest cost to the Government. I am, general, very respectfully, J. C. SHIELDS, Lieutenant- Colonel, Commanding. [Iiiclosure. 3 Report of progress made in the execution of the conscript law in Virginia from September 1 to November 1, 1862: Summary of returw~ of enrolling officers. Whole number of conscripts enrolled 4,459 Whole number of conscripts exempt, discharged, and detailed - 2, 183 Total enrolled asliabletoduty~ 2,276 Summary of number of conscripts reported at camps of instruction. Whole number of conscripts received for duty at camp of instruction at Richmond 765 Whole number of conscripts discharged by surgeon at camp of instruction at Richmond ----- 386 1,151 Whole number of conscripts received at camp of instruction at Dublin Depot 162 Total reported - 1,313 Respectfully submitted. J. C. SHIELDS, Lieutenant- Colonel, Commanding. General S. COOPER, Adjutant a ad laspeetor General. COLLECTORS OFFICE, DISTRICT OF Mississi~~i Lieutenant-General PEMBERTON, Ton gipahoa, November 7, 18632. Headquarters, Jackson, Miss.: SIR: I have just learned from Capt. J. G. Bushwood that you have ordered the release of the schooner Osceola, seized by him as an officer of the Treasury Department for violation of the law prohibiting i titer- course with the enemy. In this case I have instructed Captain Bush- wood to conform to your order, but I have respectfully to submit that if such seizure was legal (and of which there can be no doubt), that if military exigencies require the release (and of which exigency it is not my province in the slightest degree to question), that such requi- sition for release should be made upon this office, and I cannot doubt would have been so made if you had been informed of such seizure. For your itiformation and consideration imi future cases I in close here- with a list of vessels seized by authority and now in custody of thi Page 173 CONFEDERATE AUTHORITIES. 173 department. The knowledge of the release of the Osceola has already brought two applications for the release of vessels occupying similar statns, which I consider I have no power to release until authorized to do so by the Honorable the Secretary of the Treasury, to whom I have snbmitted this matter for his instructions by telegraph this day. With yonr knowledge of the law it is hardly necessary to observe that even if trading with the enemy in extraordinary cases is assumed by the military authority, the revenue laws are subjected alone to the anthority of Congress, and I am sure you will agree with me in adding that entire harmony and co-operation between the War and Treasury Departments, so essential to the public service and inter- ests, is most likely to be secnred by a frank nnderstanding of their respective rights and obligations. Very respectfully, yonr o.bedient servant, F. II. HATCH, Collector. [Inc1o~ure.] List of vessels seize(l ai~d ~mder custody at this (late. PONCHATOULA, November 5, 1862. F. Marquez, jr., Confidence, Descada, Livingston with cargo, Fruitier with cargo, Victomla with cargo, Arundel with cargo, Ann McGinn with cargo, General Worth, Sarah Jane, Henry McGinn, Fon- taineblean, Shepherdess, Barbe Silvery, Eclair, Osceola, Bone, Emma Emilia, Johnson, Georgia, Victory, Carolina, Eclard, Mabel, Jenny Swaine, Locust Tree, barge Georgia, Ark, Blnm, Joinvilleseized for coming from the enemy with enemys papers. The first two were released by Lieutenant-Colonel Broadwell, the second by order of General Ruggles. I have ordered the release of the Georgia on the deposit of her value, $2,000. F. H. HATCH, Gollector. S RICHMOND, November 7, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War: SIR: The commercial firm of Charles A. Barriere & Brother, of New Orleans, composed of Charles A. Barriere, a resident of Paris, France, and Fran~ois G. Barriere, a resident of New Orleans, both French citizens, proposes to furnish to the Confederate Government 100,000 sacks of salt, to be delivered, say, 10,000 sacks at Ponchatoula landing, 20,000 sacks at Natchez landing, and 70,000 sacks at Vicksburg land- ing, or all at the latter place. The salt to be furnished at cost and expenses incurred in transportation and delivery and difference of exchange. The proper vouchers of cost and expenses will be fur- nished to the agent of the Government who is to receive and pay for the salt as delivered. The Confederate Government will grant permission to Charles A. Barriere & Brother to purchase for each 10,000 sacks of salt delivered 1,000 bales of cotton from planters or other persons having the same for saTh, which cotton is to he shipped on board European vessels in the Mississippi River within the Confederate lines, say not below Donaldsonville, the vessels cargo not to be overhauled or touch a Page 174 174 CORRESPONDENCE, ETC. New Orleans or any other port in possession of the enemy, but to pro- ceed direct to a French port. The Confederate Government obligates itself to cause the steam- boats, vessels, and cargoes of salt and cotton to be protected within its lines and not to be unnecessarily detained. The commercial firm of Charles A. Barriere & Brother will furnish the certificates of the French consul of the clearances of the vessels to a French port and give guarantee of the faithful execution of this proposition. Respectfully, C. A. BARRIERE & BROTHER, Per CHARLES JONES, Agent. RICHMOND, Noiernber 7, 1862. Hon. GEORGE W. RANDOLPH, Secretary of War. SIR: The commercial firm of Charles A. Barriere & Brother, of New Orleans, composed of Charles A. Barriere, a resident of Paris, France, and Fran~ois G. Barriere, a resident of New Orleans, both being French citizens, proposes to furnish the Confederate Government with the following list of articles, to wit: One million pounds, more or less, of bacon or pork; 100,000 pairs of blankets; 100,000 pairs of shoes and boots; 100,000 yards of flannel. The above list will be furnished at cost and actual expenses of transportation and delivery, adding the difference in exchange. An invoice of the articles and vouchers of cost will be furnished. The articles to be delivered either at Poncha- toula landing or Port Hudson landing, or at the Vicksburg landing, and are to be immediately received by a Government agent at the landing, and paid for. In consideration of receiving the articles at cost and charges, the Confederate Government allows Charles A. Barriere & Brother the privilege of purchasing, with the proceeds of the sale to theni (the Gwernment), cotton from any planter or person having the same for sale. The Confederate Government obligates itself to protect the boats and vessels transporting the articles within its lines; the cotton to be shipped on board European vessels, at any point between Donaldson- vihle and Vicksburg, or may be transported by steam-boats to the vessels; the vessels will be allowed to be towed by steam-boats up and down the river, and when the cargo is on board the vessels will not be allowed to touch at New Orleans or any port in the possession of the enemy, nor will the cargo be overhauled, but to proceed directly to a French port. Charles A. Barriere & Brother will furnish the certificate of the French consul as to the clearance of the vessels, as well as procure his guarantee of protection~ and that they go to a French port. We will further contract to furnish 50,000 barrels of flour and 10,000 sacks of coffee, to be delivered at the above designated points. If desir- able by the Government, we will extend the contract of the above deliveries so as to meet its wants to a much greater degree. Respectfully, C. A. BARRIERE & BROTHER, Per CHARLES JONES, Agent Page 175 CONFEDERATE AUTHORITIES~ 175 [First indorsement.] NOVEMBER 13, 1862. ~ Respectfully submitted to the President for his consideration. The parties are not known to the Secretary. G. W. RANDOLPH, Secretary of War. [Second indorsement.] NOVEMBER 14, 1862. The objection to this is the proposed shipment to a port in the possession of the enemy. If the supplies can be obtained free from this objection it should be done. The letter of the Governor of Mississippi, referred some days since, would indicate that supplies might be obtained through a channel not subject to the above objec- tion. As a last resort, we might be justified in departing from the declared policy in regard to exports, but the necessity should be absolute. J. D. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, November 8, 1862. his Excellency J. G. SHORTER, Governor of Alabama, Montgomery, Ala.: SIR: I have received your letter of the 31st ultimo* and have the honor to say in reply that the eight car-loads of salt per day trans- ported for Stuart, Buchanan & Co., of Saltville, are under their con- tract for the supply of the Army. The Confederate Government has never attempted to exercise any control over the railroads of the country further than to claim a preference in the transportation of munitions and supplies for the Army. Conscious, however, that the Government transportation interferes with the commerce of the country, and desirous of avoiding such interference, the Depart- ment is now engaged in selecting a superimitendent of railroad trans- portatk~i, who will be charged with the duty of regulating it so far as the power of the Government extends. The Department will most cheerfully do what it can to facilitate the transportation of salt for the Southern States, and will be especially happy to aid Your Excel- lency in supplying the people of your patriotic State. Very respectfully, your obedient servant, GEG. W. RANDOLPH, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., November 10, 1862. his Excellency GoVernor Z. B. VANCE, raleigh, N. C.: SIR: In consequence of threatened attacks on our railroad connec- tions in the eastern portions of North Carolina and Virginia, and our inability at present to withdraw from the Army of Northern Vir- ginia re-enforcements sufficiently large to secure those connections, it is considered very important to complete the Danville and Greensbor- ough connection :~,s speedily as possible. The Piedmont Railroad Coin- pany is now working 800 hands on the road and proposes to hire about *See Series I, Vol. LII, Part II, p. 384 Page 176 176 CORRESPONDENCE, ETC. 400 more. This is all that can probably be obtained by the company, but is not more than half the number that can be worked to advantage. I shall give the company every assistance in my power by supplying at cost rations, tools, horses, carts, & c., and under an act of the Gen- eral Assembly of Virginia I can draft hands for the portion of the road in the State. If Your Excellency can supply hands for the North Carolina part of the road I must ask you to do so, and to inform me when and where they can be delivered to the company. Upon conference with the engineer of the company it has been deter- mined to add 1,900 hands to the force now employed, and to appor- tion them as follows: Virginia, 650 laborers and 100 mules, and North Carolina, 1,250 laborers and 500 mules. I am informed that the plant- ers of the Roanoke have hands, carts, and mules. If you can prevail upon them to hire them to the company it will enable us to complete the work by March 1. The owners of the hands drafted under the Virginia act receive ~l6 per month, and are taken under the ordinary responsibilities of hirers, except that they are to be paid for if they escape to the enemy. The distance of the road from the scene of operations and the presence of a mounted patrol, which I shall organ- ize to operate along the line, will render the latter risk very small. Can you recommend a suitable person to raise the mounted company for local service as guards and patrols? He should be somewhat acquainted with cavalry service. The company will be composed of non-conscripts and be mustered into the service for six months. Very respectfully, your obedient servant, GEG. W. RANI)OLPH, Secretary of War HEADQUARTERS CAMP OF INSTRUCTION, Columbia, S. C., November 11, 1862. General S. COOPER, Adjutant and inspector General, Riehrnoud, Va.: GENERAL: In pursuance of General Orders, No. 64, paragraph IV, I have the honor to report: 1. Conscripts in camp at last report 55 2. Reported for duty since last report 41 TotaL 96 3. Discharged (rejected by surgeon) 13 4. Deserters 3 5. Assignedtoduty 23 6. Now in camp 57 TotaL - 96 The acceptance by the President of eight regiments recently organ- ized in this State will for tue present lighten the duties of this office and render unnecessary the appointment of more than five additional enrolling officers for the entire State. If officers of the line or staff are not detailed for this service, and appointments of citizens are to be made, I trust the Department will confide those appointments to the commandant of the camp of instruction. I venture the suggestion, because I hear of recomuiendations of most unworthy persons being sent to the Secretary of War. I know every man in the State who is fitted for the duties, and can select the best. The drill-masters no Page 177 CONFEDERATE AUTHOR[TIES. 177 attached to the camp, the enrolling officers suggested by the Secretary and five others will be amply sufficient for the duty. I would venture most respectfully to suggest that there are many officers of the line who are in feeble health, but competent to enrolling service, who might be detached and thus save the necessity of any appointments. One such the Secretary recommended, and he is now engaged in that duty. I have the honor to be, very respectfully, your obedient servant, JNO. S. PRESTON, Lient. Gel, and Assistant Adjutant- General, Commanding. l-IEADQUARTERS CAMP RAND( )LPH, Decatur, Ga., Noceniber 12, 18b2. Hon. GEORCE W. RANDOLPH, Secretary of War, Richniond: SIR: I have the honor to report that the supreme court of this State has unanimously decided that the conscript act is clearly constitu- tional. The case was taken up by my order by Capt. Mark II. Bland- ford, of the Twelfth Georgia Regiment, temporarily assigned to duty at this camp. I am also advised from reliable sources that a very insignificant minority of the General Assembly of the State approve of the late action of the Executive, and that a rigid enforcement of the law will meet with general favor. Very respectfully, your obedient servant, JNO. 13. WEEMS, Lieutenant- Colonel, Commanding. NASSAU, NEw I~ROvJDENCE, November 12, 1862. Hon. G. W. RANDOLPH, secretary of War, Richmond: SIR: My last communication was under date of the 1:3th ultimo in original per Leopard, and duplicate per Scotia, since which the Kate has arrived with dates to the 31st ultimo, but brought inc no letters. The Kate is loaded and will sail early in the morning. Her cargo consists chiefly of blankets, flaimnels, & c., and as these are so greatly needed at home, I have refrained from pressing any Government freight, especially as there is but little left of the Melitas cargo. I am informed that field artillery is not wanted at home, and hence shall retain the batteries ex Bahama, but intend having the harness removed and shipping it by the Herald or Leopard, both of which are expected within a few days. While on this subject I would solicit your attention to my letter of the 26th July last in reference to the battery shipped per Columbia, and the other one which is now in shore. You may rein ember that the evidence of ownership as disclosed was not quite conclusive to my mind, but if it be really Government property I presume you would like to have the harness taken off and shipped. I shall await your directions on this point. I am, very respectfully; your obedieiit servant, L. IJEYLIGER. 12 H HSERIES iv, vo~ I Page 178 178 CORRESPONDENCE, ETC. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, N. C., Noie~nber 13, 1862. Hon. C. G. MEMMINGER, Secretary of the Treasury: DEAR SIR: I applied two weeks ago for $250,000 iii Confederate bonds to send abroad for the purchase of shoes, & c. I thought I could certainly get them, inasmuch as the Confederate Government owes this State near $5,000,000 or $6,000,000. I have sent two special agents for them, but have been put off for the reason that the papers were not in form, & c. As the vessel was about to sail in which my agent was going, [I] instructed my agent to ask for the bonds any- how, and to say that any papers would be sigmied afterward that might be required by the forms of the Department. This was refused also, and my agent has probably lost the vessel. I am compelled, sir, to complain of such treatment. It displays either an incoin- petency on the part of your subordinates or an unwillingness to accommodate me with the bonds, which I would not have and do not want after my agent has gone. I would feel obliged, sir, if you would investigate the matter and see if there is any reason for the failure to accommodate me. Very respectfully, your obedient se i.vant, Z. 8. VANCE. [NOVEMBER 18, 1862.For Lubbock to Davis, reporting over sixty regiments in the Confederate service from Texas and requesting a suspension of the conscript law in that State, see Series I, Vol. LIII, p. 833.1 VA. November 15 1862. RICHM )NI), , -, lion. (4. W. RANDOLPH: SIR: I have this moment received yours of ti) is (late iiotifying me that you resign the office of Secretary of War atid leave the Assist- am~ Secretary in charge of the office. As you have thus without notice and in terms excluding inquiry retired from the post of a con- stitutional adviser of the Executive of the Confederacy, nothing remains but to give you this formal notice of the acceptance of your resignation. Very res~)eetfiilly, you 1 obe(i mci it servant, JEFFERSON 1)AVIS. EXECUTIVE OFFICE, Jw& uu, Muss., November 15, 1862. lIon. (4. \V. RANDOLPH: SIR: Your proposition to the Governor of South Carolina would be acceptable to me if thereewere enough in cii in Mississippi liable to military duty to form the regiments. When the President made the last call on Mississippi for seven regiments for the war fifteen were furnished, including Colonel Starkes cavalry and Colonel Withers regiment of artillery. This, with the continued recruiting for Missis- sippi regiments heretofore formed, has so drained the State of her male population that it will be impossible to raise four regiments after taking men between thirty-five and forty into Confederate serv- ice. I propose that three regiments of infantry and one of cavalry Page 179 CONFEDERATE AUTHORITIES. 179 composed of men now enrolled in the State. service, be retained in their present statns; that is, in the service as State troops, to be ordered (as I have heretofore done) to any point indicated by the gen- eral commanding this department. This will save the embarrassment and delay of disbanding the troops now in service, and will keep in the field many who are exempt under the recent act of Congress. Those not in State service could then be conscripted to fill up old regiments, but under the exemption law but few could then be found liable to the conscription. If the Government claims all iu the State between thirty-five and forty years, in the ten mounted companies in the State service the result will be to break up these companies with- out adding to the Confederate force, for the conscripts in them will claim and be entitled to exemption from service in the Confederate Army, while nnder State laws they are not exempt from State service. The same state of facts exists in regard to the infantry. In making these suggestions permit me to assure you that I have no other end in view but to get the largest number of armed men possi- ble in the field. We shall need them all, and all the President can send us, to keep this State from being overrun by the enemy this win- ter. My wish is to strengthen and not to embarrass the Confederate Government, and the only reason why I do not accept your proposi- tion without making even a suggestion is, that I believe it will mate- rially lessen the force with which we are to meet the enemy in Mississippi, and for this reason I ask especially that the cavalry com- panies now in the State service be permitted to fight through this winter as now organized. For months past they have fought the eiiemy thirty miles beyond the Confederate lines and have given great protection to the citizens of the northwestern corner of the State. Some of them have killed, captured, and wounded more Yankees than the company numbers. Let me again state that we need all the men we can get, and if re-enforcements are not sent I believe the State will be overrun. Very respectfully, JOHN J. PETTUS. RICHMOND, VA., November 17, 18G2. General JEFFERSON DAVIS, President of the Coafederate States: SIR: The Secretary of War having informed inc that he had resigned his office and that the resignation had been accepted, it becomes proper for me to tender my resignation of the office of Assistant Secretary of War, to take effect when his successor shall be appointed. With much respect, your obedient servant, J. A. CAMPBELL. EXECUTIVE DEPARTMENT, General G. T. BEAUREGARD,~ Miilledgeville, November 17, 18G~?. Charleston, S. C!.: GENERAL: I have the honor this morning to acknowledge the receipt of your note of the 15th instant, accompanied by a rescript of your communication to nie under date of the 31st of October last., relative to a proposed conference between the Governors of the Souther Page 180 180 CORRESPONDENCE, ETC. States and those of the Northwestern States. As you desired, I have substituted and placed on file in this department your last in lieu of your first letter, and herewith return the latter to you. I have also received the letter of Maj. J. L. Locke, with your indorseinent thereon, in reference to speculation in corn. As the General Assein- bly is now in session, I have that subject under consideration. I will submit the letter to a committee appointed on that question, but I fear that measures against speculation will not be adopted by the Leg- islature as stringent as I could wish. Very respectfully, & c., JOSEPH E. BROWN. EXECUTIVE DEPARTMENT, November 17, 1862. The Honorable GENERAL ASSEMBLY: Certainly a Legislature has never been convened in the State of North Carolina to protect greater interests or meet greater responsi- bilities. Eighteen months ago, when the State entered into the war which is now waging, all was life and buoyancy and excitement. The novelty of our undertaking and the enthusiasm of our people in sup-~ port of our cause not only rendered the course of the Legislature and the Executive easy, but actually preceded and marked it out. But the long continuance of the contest, the slaughter of our soldiers, the occupation of our territory by the enemy, the destruction of our homes, and the blockaded condition of our coasts have reduced us to straits and given rise to a class of evils in the presence of which ephemeral patriotism must perish and the tinsel enthusiasm of nov- elty give place to that stern and determined devotion to our cause which alone can sustain a revolution. It now becomes the duty of you, the General Assembly, to set an example to your constituents of firmness, prudence, determination, and energy; to correct the errors of the past; to provide for the exigencies of the future, and to use well and wisely the power vested in your body by the constitu- ti~n for the protection of our rights and liberties. The subject of first importance is the prosecution of the war and the means of defend- ing our State against the invasion of the enemy. The Legislature, by several acts in 1861, provided that in case the Confederate Govern- ment should fail or neglect to provide for North Carolina the Gov- ernor should be authorized to raise a certain number of troops and made appropriations of money for their support. Impressed with the defenseless condition of our eastern counties when I came into office, I had fully determined to avail myself of this authority, and would have proceeded at once to do so but for the intervention of insur- mountable difficulties. The principal of these was the conscript law passed by the Confederate Congress subsequent to the passage of the several acts referred to. By this law, as extended in its provisions a short time before the adjournment of Congress, all able-bodied men between the ages of eighteen and forty-five years became liable to enrollment as soldiers of the Confederate States. To raise an ade- quate force for State defense from our citizens beyond the age of forty-five and submit to this vast drain besides I thought entirely impracticable. I hoped, too, that by aiding and assisting in the exe- cution of the conscription law I would be effectually providing for State defense. This reasonable hope has, I regret to say, been dis- appointed; and although North Carolina has a greater extent of sea Page 181 CONFEDERATE AUTHORITIES. 181 coast than any other State, she has had fewer troops given her for its defense. It is not necessary, gentlemen, that I shonid call yonr attention to the abonnding wealth of this threatened section of our Statefilled with everything necessary for the comfort of onr Army and our peopleor to the suffering and ruin of its loyal, patriotic inhabitants. Yon are sufficiently informed in regard thereto. It is for yon, there- fore, to say whether you will suffer our defenses, as heretofore, to remain exclusively in the hands of the Confederate authorities, or take steps to carry ont the will of the last Legislature and raise troops enongh on State anthority to strengthen the weak hand of the General Government on onr coast. I unhesitatingly recommend the raising of at least ten regiments of reserves, to be accepted for three or four months and dismissed in time to pitch their crops in the spring. This force, auxiliary to the Confederate troops, would probably be able to prevent an advance of the enemy into the interior, and while subsist- ing on the abundant supplies in our eastern counties would benefit the whole State by aiding in withdrawing vast quantities of provisions from exposed points. Inasmuch as it may become necessary for slave labor to be employed on State defenses, and my authority to force such labor may be questioned by some, I would respectfully recom- mend the propriety of the passing of an act whereby such authority may be vested in me in case such urgent necessity shall arise as will justify it. Next to the defense of the State from the enemy in importance is the defense of our people against extortion and starvation. Notwith- standing the failure of the crop in the western part of the State, it is believed that there is within our borders an abundance of grain for the supply of our people and a surplus for the use of the Army. The lands heretofore devoted to cotton and tobacco have been planted in corn very generally, and the crop of this essential product is perhaps larger by many hundred thousand bushels than has ever been known. When this is considered, together with the immense crop of pease potatoes, fruit, & c., there would seem to be little danger of any actual suffering among our people, nor would there be could it all be prop- erly distributed and at reasonable prices. But the demon of specu- lation and extortion seems to have seized upon nearly all sorts and conditions of men, and all the necessaries of life are fast getting beyond the reach of the poor. Flour, which if properly left to the laws of supply and demand could not have risen to more than double peace rates, can now be used only by the rich. Everything has a tendency upward in the same proportion. Leather, woolen cloth, and cotton goods have been made the special means of extortion. As if we were not sufficiently afflicted with the base and avaricious in our own midst, speculators from distant States swarm in the land, offering fabulous prices for everything they can buy, and, in many instances, taking advantage of the patri~tism of our people, they represent themselves as agents of the Government purchasing for the Army, thus obtaining what they could not otherwise do. The supply of salt will, I hope, [hold out;] but this subject, too, needs legislative action. Dr. Worth, the salt commissioner appointed by the convention, has been industriously at work, but he has not produced a great quantity owing to the difficulties which he has mentioned in his reports. His first works, at Morehead City, were taken by the enemy before he had fairly gotten into operation. his next effort, at Wilmington, was suc- cessful in producing about 250 bushels per day for some time before they were interrupted by the yellow fever, which has caused thei Page 182 182 CORRESPONDENCE, ETC. temporary suspension. As the pestilence has abated, they will, of course, be immediately again put into operation. The whole amount made there by the State and private individuals probably exceeds 2,500 bushels per day. Nearly all of this made on private account is bought by citizens of other States and carried off for speculation at prices ranging from $12 to $20 per bushel. My predecessor, Governor Clark, has also entered into a contract, through N. W. Woodfln and George XV. Mord~cai, esqs., with Stuart, Buchanan & Co., of Saltville, Va., for the privilege of manufacturing 300,000 bushels of salt, and Mr. Woodfin was made superintendent of the works. With commendable energy he has pushed forward his under- taking, and there are now, as reported to me by a special agent sent to visit the establishment, about 200 kettles in operation, making near 1,200 bushels per day. Owing to his sickness, the superintendent has made no official report to me of his operations and expenditures. I recommend that your honorable body shall take immediate steps to prevent the exportation from the State of salt, leather, shoes, woolen goods, cotton cloth, yarn, pork and bacon, flour, and potatoes, except for the Army and by regular agents of the Government, and except when purchased by any county and corporate authorities of our sister States under such regulations as will amount to satisfactory proof that such articles are for private use or charitable distribution to the poor of such counties, towns, & c., and not for speculation; not, how- ever, in violation of any existing contracts made by our citizens with citizens of other States. This is all the remedy I can suggest for the evils of extortion. His- tory and common sense have taught us the danger of trying to force trade which refuses to be governed by any but natural laws. All we can do is to aid these well-established laws as a skillful physician assists nature in the checking of disease. Violent and forcible meas- ures have long since been condemned by civilized statesmen, and could now only serve to dry up the sources of our industry and lessen the production of the country. The same remarks apply to seizures of p4vate property for public use, which ought never to be resorted to except in extreme cases, and then only as a temporary expedient. To provide against the possible sufferings of the wives and children of our brave and self-denying soldiers, I also respectfully recommend the purchasing and storing at some safe point in the interior of at least 200,000 bushels of corn and 500,000 pounds of pork, to be sold to them at rates sufficient to cover the cost, transportation, & c. It can now be bought in the eastern counties at moderate prices, and is in danger of destruction by the enemy if not removed at an early day. Anticipating the necessity of this measure, and also thinking it proper in a military point of view to have some surplus on hand, I have already ordered the building of large cribs on the North Carolina Railroad and made other preliminary arrangements for purchasing on a large scale. I deem this.a matter of the very highest importance. Nothing would so cheer and encourage our soldiers in the discharge of duty as to know that their State was providing for those at home, dearer to them than life; and nothing would so dispirit and demoral- ize them as to know that those dear ones were suffering. Indeed, the soldier shivering through the snows of the coming winter and offer- ing his blood day by day for our defense has a right to expect that his country will not perThit his wife and little ones to cry in vain for bread, and while there is a morsel in the land it should be divided with them. I beg you therefore, gentlemen, to make such provisions as you may deem best in reference to the matter and at as early a da Page 183 CONFEDERATE AUTHORITIES. 183 as possible, and let the gratifying assurance ~o forth to the camps of our armies that the wives and children of our soldiers shall not suffer so long as their State has money or food to give them. I beg leave to call your attention to the great and almost insur- mountable difficulties encountered by the quartermasters department in providing clothing, shoes, and blankets for our troops. During the administration of my predecessor an arrangement was entered into (according to a resolution of the General Assembly) with the Quartermasters Department of the Confederate States by which North Carolina was to receive the commutation clothing money of the troops, and clothe and shoe them herself. And on our agreeiiig to sell the Confederate authorities all the surplus supplies that could be procured in the State they agreed to withdraw their agents from our markets aud leave the State agents the whole field without com- petition. rrhis would have enabled the State to clothe and shoe her troops comfortably, and could have furnished to the Confederate States all that was to be had anyhow at reasonable rates, but it was immediately violated. The country was soon, and is still, swarmfng with agents of the Confederate Government, stripping bare our markets and putting enormous prices upon our agents. This is espe- cially the case in regard to shoes and leather. The consequence has been our troops could get only half supplies from home, and nothing at all from the Confederate Government, because of our agreement to furnish them ourselves. When a large portion of our army this fall, by the accidents of battle and other causes, lost their baggage, it was found impossible at once to replace it. Sorely pressed as to the best course to be pursued, I published an appeal to our people in behalf of their brothers in the field, and employed the militia officers for the collection of articles donated or sold; and though the response has been at~ once gratifying and patriotic, yet it is necessarily slow and uncertain, and I regret to say that the heroes of Boons- borough, Sharpsburg, and other glorious fields have suffered, and are still suffering, greatly for the want of shoes and clothing. Every possible,exertion has been made for their relief, but while the agents of the Confederacy are allowed to compete with ours, and speculators are allowed to carry our leather beyond our borders, it will be impos- sible to supply them. I earnestly recommend an embargo upon this article, as before mentioned. I am gratified that I am able to state that the prospect of obtaining cotton cloths at reasonable rates is better than it has been. The stockholders of the Rockflsh Manufacturing Company, one of the largest and most enterprising in the State, have agreed to sell all their productions at 75 per cent. upon cost, the rate allowed by the exemption bill, which will reduce the price about one-half, and some seven or eight other companies have imitimated an intention of follow- ing their praiseworthy example. We may reasonably hope that most of the other mills in the State ~n be induced to do likewise. The woolen factories seem more incorrigible. Some of them when asked to furnish their goods at 75 per cent. decline entirely, and others agree to do so by fixing enoi~mous profits on the cost of the raw mate- rial and then adding the 75 per cent. on the finished article, making their profits even greater thami before. It is greatly to be regretted that the most useful and to-be-cherished institutions should put themselves in a position which will cause them to be execrated by our people on the return of peace. But as the free-trade policy oppressed them in times of peace, so they seem to have no mercy upon us during the existence of the war. I reconimeiid them to your tender mercies Page 184 184 CORRESPONDENCE, ETC. gentlemen, and would respectfully suggest that you adopt such meas- ures as may seem practicable for securing supplies to our own citizens first; and to reduce, if possible, the price of cottoii yarn, which is so essential in supplying the hand looms of our farmers wives. In relation to ordnance stores I will mention that nearly a year ago a contract was made by my predecessor, under an act of the Legisla- ture appropriating ~l0,000 for the purpose, with Messrs. Waterhouse & Bowes for the erection of powder mills. The money was expended, the mills erected, and soon afterward blown up and destroyed. Governor Clark agreed to furnish them the means to start again, and under a new contract they have erected other mills, and now are nearly ready to begin operations on a scale sufficient to make about 4,000 pounds per week. This, however, involved an expenditure of money beyond that appropriated by the act referred to, $12,000 hav- ing been advanced the contractors by Governor Clark and $8,000 by niyself. Of these sums the money advanced by Governor Clark is to be refunded in four equal annual installments, and that by me by reserving 10 per cent. of the payments (as they become due) on pow- der to be furnished the State. The Confederate States will furnish the mills with about 3,000 pounds of niter per week. The depart- ment has contracted with manufacturers in the State for about 300 new rifles per month, and arrangements have been made whereby, after the 1st of January, about 300 old rifles and muskets out of repair will be rendered fit for service, and it is hoped the department will soon be able to keep on hand a supply for 5,000 men. A detailed report of the operations of the adjutant-generals department is herewith appended. * The finances of the State will doubtless engage your anxious consideration. The Board of Claims, in pursuance of Ordinance No. 20, section 5, passed in December, 1861, have made a report showing the debt of the State on the 30th of September, 1862, to be $20,983,361.01, subject to be diminished by the amount of the sinking fundat that time about $900,000; and the debt due to the State from the Confederate (i4wernment between $5,000,000 and $6,000,000. Still the State debt is very heavy, and the interest, at least, ought to be punctually paid. There are three distinct modes of supplying the requisite sumone by taxation; a second by an additional issue of Treasury notes, and a third by getting from the Confederate Government the sum due to the State. Indeed, this sum, when received, ought to be applied forthwith to the extinguishment of the debt of the State as far as it will go, for it constitutes a part of the capital of the State debt, and ought to be applied, when returned, toward the extinction of that amount of its capital. Upon correct principles, therefore, of finan- cial ecommomy the debt ought not to be allowed to grow any larger if practicable to prevent it. And if the payment of the entire amount of interest cannot be provided for by taxation, as munch, at least, as possible ought to be so ratsed. In regard to ~he subject of taxation interesting at all times, and rendered doThly so at this eventful crisisI have but few remarks to make. There has been such a dis- turbance in the industrial pursuits of the country within a very recent period that it is difficult for one who may not at once have been present in all parts of the State to fully realize it. You bring with you this knowledge, and can better apply it fromu what you have seen than from what lean recommuend. I shall therefore venture but one suggestion upon the subject because of what I have heard. * Not found Page 185 CONFEDERATE AUTHORITIES. 185 By Ordinance No. 22, of June, 1861, which is now a part of the constitution of the State, it is provided that land and slaves shall be taxed according to their value, and the values of both taxed alike; aiid that the tax on slaves may be laid on their general average value in the State or on their value in classes in respect to age, sex, and other distinctive properties in the discretion of the General Assem- bly, and the value be assessed in such modes as may be prescribed by law. Now, while lands even of the same qualities, but situate in different places, from their local and immovable character are prop- erly assessed at different rates because of their relative proximity to markets, and for other substantial causes, and for such reasons the General Assembly itself can neither accurately value real estate nor can do so by any general State commissioners, yet some steps may be taken toward equalizing the tax on slaves, which under the present mode of assessments may be, and I understand is, various in many counties of the State, because of the different standard of valuation adopted by the owners and assessors. It is very desirable that the tax should be uniform, and I suggest as the most likely means to accomplish that object the propriety of classifying slaves by their ages, or by sex and age, and affixing [every] two years the taxable value of each class. In consequence of the movable quality of this species of property it is not subject to the irregularity of assessment which attends land. The value of slave property at one place in the State is for all practical purposes the same as in any other, and it is not difficult, therefore, to make the tax both equal and uniform by the classification of slaves in the manner already mentioned. * * * * * * * In order to meet the interest on the public debt and to make up the sum due from the counties where the tax cannot be collected on account of the presence of the enemy, I recommend an increase of at least 25 per cent. on the present amount of taxation. rrhe great abundance of money and consequent high prices of property would, I think, enable the people to pay it cheerfully. I also recommend that a tax of 25 per cent. be laid upon the net profits of all persons who have during the present year speculated in the necessaries of life, such as corn, flour, bacon, pork, shoes, leather, cotton cloth and yarn, and woolen goods, and to be continued during the next year and longer if necessary; the proceeds to be applied to the support of the wives and children or widows of soldiers whose property as listed on the tax books shall fall below a certain sum. rrllis law, if properly enforced and guarded against false swearing, would be made to answer a valuable purpose and would be eminently just in its effects. I am clearly of opinion that no more treasury notes should be issued if it be possible to avoid it, and think it would be better to pay interest on our bonds than to further swell the volume of paper in circulation. The following is a statement of the debt of the State on the 30th day of September, 1~62: Bonded debt $14,812,005.00 Temporary loans 2,550,449.00 Interest unpaid on coupon bond debt 432,005.45 Interest unpaid on temnporary loans and bonds without coupons - 52,351.06 Amount Treasury notes in circulation 3, 136,550.50 Total 20,983,361.01 Taxes received from permanent sburces for 1861 734, 650. 10 Taxes received from permanent sources for 1862 715,763.3 Page 186 186 CORRESPONDENCE, ETC. The falling off is attributable to those counties and parts of counties in the possession of the enemy. The deduction for the next year will be still greater, owing to his advance, the destruction of property, & c. The report of the Board of Claims on the subject of the finances is herewith transmitted. * In view of the very great labor now imposed upon the treasury department and the variety of duties it embraces, I recommend the creation of the office of auditor of public accounts, to continue so long as may be deemed necessary, whose duty it shall be to investigate and settle all claims against the State, & c. When the term of the present Board of Claims shall expire it will be neces- sary to have some such an office in existence during the continuance of the war, and perhaps for many years after. Should it not be deemed advisable to establish the office of auditor, then I recommend that the Board of Claims be continued and authorized to hold short sessions quarterly, and their pay be arranged in proportion to their labor. * * * * * * * I beg leave to make certain suggestions in regard to militia and to aiding the Confederate authorities in enforcing their efforts to main- tain the efficiency of our armies. The ordinary penalties prescribed by our militia laws for the punishment of offenses, and disobedience of orders are adapted to peace times and are found now entirely inade- quate. Wishing to spare our citizens the disagreeable spectacle of Con- federate soldiers traversing the country to gather up delinquent con- scripts, deserters, and absentees from the Army without leave, I decided to employ the militia for that purpose. In general it has answered admirably, most of the officers having displayed great zeal and effi- ciency in gathering up rapidly all persons subject to military duty without offending the sensibilities of our people. But in some in- stances deserters and other shirking characters have set the officers at defiance and are enabled to evade arrest by the assistance of others, who conceal them, feed them, and in some cases resist the officers in the discharge of their duty. As the crime of desertion, so far as I know, is not an offense against the common law, so the concealing, aid- in~ and assisting a deserter to avoid recapture is not punishable in our courts. To aid the military authorities in arresting such persons I recommend that an act be passed for the punishment of any one who shall aid and 4ssist them or in any manner prevent their recapture; and also to punish more severely the disobedience of laws by the militia. It also becomes my duty, gentlemen, to bring to your attention several serious matters connected with the administration of justice in the State. There is great danger of lawlessness overrunning the land, and in the abundance of military rulers amid arbitrary authority people are beginning to forget that there is such a thing in existence as civil law, which is the master of us all. rrhoughi pre-eminently a conservative and law-abiding people, our society is already beginning to suffer serious detriment from the violent and law-defying tenden- cies of the times. Murder, arson, disregard of obli~ations, oppres- sion, and injustice are more common in somue districts than they have been known. Not long since, as I am informed, a Confederate officer refused to permit the execution of a writ of habeas corpus within his camp, issued by competent authority, and drove the officer with denunciations and abuse from his presence. It should be our pride, as it is our duty and safety, to show our enemies abroad and our law- breakers at home that the same glorious old coimmmiion law which our fathers honored and observed in the midst of suffering and calamity * Not Coiimmd Page 187 CONFEDERATE AUTHORITIES. 187 is still moving on with power and majesty, stiengthening, protecting, and sustaining our people as it ever will strength en and sustain those who respect it. The General Assembly at its last session, actuated, no doubt, by the most patriotic motives, passed an act suspending the regular sessions of the supreme and superior courts of law and equity. This act is con- sidered by many unconstitutional, and in my judgment, to say the least of it, is unwise in some of its provisions. That some remedy ought to have been provided protecting property generally from sacrifice, and particularly the property of our brave soldiers, who had left their homes and business for our defense (if indeed an enlightened and patriotic public opinion had not guaranteed that protection), no one will question, and to this extent meets my approval. But the courts themselves should be opened and the fountains of justice unsealed. The criminal law especially should be diligently administered, for it has been wisely said that the commission of crime is prevented more by the certainty than the severity of its punishment. Again, per- sons charged with crime and confined in prison, even if unlawfully convicted, cannot have their cases reviewed in a court of higher juris- diction for many months, thus violating that sacred provision iii our Declaration of Rights, which says that every free man restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof and to remove the same if unlawful, and that such remedy ought not to be denied or delayed. I therefore recommend that the regular sessions of the supreme and superior courts be restored. I am also convinced that while the soldier iii the field should have his property protected from seizure under execution, there exists no valid reason why in the great plenteousness of money and the high prices of property any man should desire to be excused from paying his debts. I think it probable that it might also exert a favorable influ- ence on prices if men were compelled to part with their surplus property to satisfy their creditors. In this connection permit me to respectfully recommend that our present circuits be rearranged, adding ~t least one additional circuit and another judge thereof. The necessity for this change will be apparent from the following considerations: Some of the circuits embrace an extended area of territory, with a large amount of business. The seventh circuit comprises eighteen counties, others more than twelve, and to some two weeks are allotted. According to existing statutes the judges are allowed an annual salary of $1,950, with the proviso that in all cases where a circuit of the superior courts shall exceed twelve weeks the judges holding the said courts of any regular term shall be entitled to a compensation of $90 for the court of each county exceeding twelve held by them, to be paid by the public treasurer on the 1st days of January and July in addition to their salary aforesaid, and each week in which a court shall be held shall be conskk~red a term. Special terms of the superior courts are also held, and for this service a compensation of $90 given, to be paid by the county in which the court is held. Upon examination it will be found ~that the amounts thus paid for the addi- tional and extra courts exceed the salary of a single judge. The fourth section of the one hundred and second chapter of the revised code provides that every judge shall produce a certificate of the clerk of each county of his having held the court of the county according to law; and for every such certificate omitted to be pro- duced there shall be a deduction from his salary of $100. Portion Page 188 188 CORRESPONDENCE, ETC. of certain circuits are occupied by the enemy, and it is impossible for the judges to procure the required certificates. It may be necessary, therefore, to modify this provision to have effect only pending the war. * * * * * * * There are confined in Salisbury by the Confederate authorities a number of citizens of North Carolina arrested for alleged political offenses. How long they are to remain incarcerated no one can say but those who apprehended them. What their guilt really consists in I do not know, but this much it becomes both you and inc to know in view of the oaths we take upon entering into office, that they were not arrested by lawful process. As citizens of North Carolina they are entitled under the constitution to a speedy trial by a jury of their peers and to be confronted with their accusers. I have laid their cases before His Excellency the President of the Confederate States, * and when his reply is received you will be informed thereof. Should there exist any grave State reasons why they are denied a trial it is due at least that we should be informed of them. I have not seen an official copy of the act, but learn from the newspapers that Congress has conferred upon the President the power to suspend the writ of habeas corpus in all cases of arrests made by the Confederate author- ity. If this be once admitted no man is safe from the power of one individual. He could at pleasure seize any citizen of the State, with or without excuse, throw him into prison, and permit him to languish there without reliefa power that I am unwilling to see intrusted to any living man. To submit to its exercise would, in my opinion, be establishing a precedent dangerous and pernicious in the extreme. Among a people so united and faithful to their cause and ours, where disloyalty is the rare and solitary exception to the general rule, I can see but little good, but a vast tide of infiowing evil, from these inordi- nate stretches of military power which are fast disgracing us equally with our Northern enemies. A free republic that must needs cast off its freedom in every time of trouble will soon cast it off forever. Freedom cannot be embraced to-day and spurned to-morrow; a stead- fast and constant worship can alone secure her countless blessings. her chosen instrumentsthe constitution and the lawswere made the sure covenant of her everlasting residence among us, our delight in time of peace and prosperity and our guide and shield in the day of trouble and calamity. Now, if ever, is the time when we should abide strictly by their stern decrees and walk uprightly in the narrow path they have marked out for our footsteps. We should least of all forsake the helm and the compass when the vessel is driven by the tempest and clouds and darkness obscure the way. Deeply impressed as I have been with the importance of this subject, I have been anxious at the same time to avoid any unnecessary conflict with the Confed- erate authorities. I have, therefore, waited patiently for your assem- bling, confident that you would take proper steps to maintain the laws and preserve the rights o~ our people. It becomes my duty, also, to call your attention to the subject of officering our troops in the field, some conflict of opinion existing in regard thereto. The right of the State authorities to commission the officers of the regiments originally raised for the war is not doubted. It is conceded by the act of Congress of April 16, 1862, known as the conscript law. But the Confederate authorities claimed the right to commission the regime~nts of twelve-months men continued in service *See Series I, Vol. LI, Part II, p. 644 Page 189 189 CONFEDERATE AUTHORITIES. by this law, and also all regiments whatsoever raised since it went into operation. And in both eases they have claimed to commission and appoint all regimental staff officers, even when they conceded to the Executive 6f the State the appointment of the officers of the line. Again, while appointing and commissioning field officers the Secretary of War has declined to appoint the company officers. To remedy if possible this confusion and to avoid conflict I called in person to see the President, who promised to take the opinion of his Attorney- General on the subject at length. I have not yet had the pleasure of seeing that opinion, and now lay the matter before you and recom- mend you to take such steps as will preserve the rights and honor of the State. It may well be doubted if the officering of the whole of our troops does not belong exclusively to State authority, as by strict reference to the Constitution they may be found to be in point of law militia. It is mortifying to find entire brigades of North Carolina soldiers in the field commanded by strangers, and in many cases our own brave and war-worn colonels are made to give place to colonels from distant States, who are promoted to the command of North Caro- lina troops over their heads to vacant brigadierships. Some of these promotions are charged to North Carolina, which enables the author- ities to say that we have had so many appointments, when in fact we have not, the appointees not being citizens of our State. This is fast breaking down the pride and patience of our officers, many of whom have reported to me their intention to resign, alleging that the road to honorable promotion is almost closed to our citizens. This is not right, and forms a just cause of complaint both in our Army and with our people at home. We are willing that our soldiers should follow any general capable of leading them, but we contend that as a mat- ter of sheer justice our soldiers are entitled to receive their fair pro- portion of the honors won by their gallantry and endurance. I would also recommend that the existing prohibition against the distillation of spirits from all kinds of grain be continued during the war. There is no grain to spare for such purposes, and all the medical needs of the country and Army can be abundantly supplied by the liquors ~nade from the fruit crop. Should even the supply for the Army fail, it cannot be doubted that it is much better for the soldier to go without spirits than that his wife and child should go without bread. I also recommend that a law be passed providing for a rigid punishment of all persons who may be convicted of speculating in any of the necessaries of life under the false pretense of being Gov- ernment agents. In order to keep the highways of the country in betl;er condition (they having since the commencement of the war been permitted to get in very bad repair) I recommend that the Revised Code be so amended that the age to be reached to entitle a man to exemption from working on the roads shall be fifty years, instead of forty-five, as now. * * * . * * * * In conclusion, gentlemen, allow me to urge upon you the vital importance of bringing forth all the powers and resources of the State for the common defense of our country and our cause. The two great dangers we have to meet will be found connected with our currency and supplies for our army. Men enough to protect us and drive back the invader we can always get, if we can properly clothe and feed theni. Let us do this and preserve our paper from depreciation an Page 190 190 CORRESPONDENCE, ETC. all will be well. In our intercourse with the authorities of our young Confederacy, having demanded firmly the rights which are due our State, let us yield them no grudging support, but in all things per- taining to the general weal sustain and strengthen them with our whole hearts. And in all our official acts let us remember that it is the spirit of the people which tyrants cannot subdue. On this depends all. So long as they continue harmonious, willing, self-sacrificing the united armies of this continent may be hurled againt us in vain; with such a country and such a people we might set them at defiance. Our heroic soldiers, shivering in their rags and splashing with their naked feet through the snows, have already, even through the chroni- cles of our foes, excited the wondering admiration of the world and the great generals and brave people beyond the distant waters of the sea stand aghast with astonishment at the feats of freemen struggling for their rights. Let us learn of them, and by zeal and discretion displayed for the general good show the world that we are worthy to preside over these gallant and patriotic men. Remember, lastly, that you are laboring for the very salvation of our people. The bitter cup that our captured cities and districts have had to drink shows us, alas too plainly, the mercy we are to expect if our Abolition foes sho ald overcome us. In the bitterness of their baffled rage they have even shown a determination to re-enact the hor- rors of Saint Domingo, and to let loose the hellish passions of servile insurrection to revel in the desolation of our homes. The people of the next generation will bless the memory of those who, whether in the field or the council, helped to rescue their country from these hor- rors. Let us labor to deserve their praise, and may the blessing of God attend our soldiers and our statesmen, who are struggli mig to defend a noble people and a noble cause. Z. B. VANCE. [NOVEMBER 17, 1862.For Smith to Cooper, in reference to the enforcement of the conscript act in East Tennessee, & c., see Series I,~ol. XX , Part II, p. 405.] NASSAU, NEW PROVIDENCE, November 12, 186i2. Hon. GEORGE W. RANDOLPH, Secretary War Department, Confederate States of America: DEAR SIR: My friends, Messrs. S. Isaac, Campbell & Co., of London, instructed nie to address you proposals to furnish clothing and equip- ments for 100,000 men, deliverable at Bermuda or Nassau, which have failed to reach you owing to the capture of the vessel by which they were forwarded. I now take the opportunity to repeat the proposals to the following effect: Messrs. S. Isaac, Campbell & Co. request me to state that there exists now greater facilities for procuring the materials required by the Confederate Government than prevailed in the early part of the war, when they were scarce and difficult to procure. Under these circumstances they feel confident of their ability to give satisfaction to the Department in respect to the quality of the equipuients and the dispatch with which they can be completed, which they would be able to accomplish in about three months from receipt of order. My friends have takemi into consideration the difficulty experiemiced by the Confederate Government iii placing funds in Europe in th Page 191 CONFEDERATE AUTHORITIES. 191 present state of affairs, and propose to execute the order on terms of payment which they judge will be acceptable to your T)epartment and greatly facilitate your Government and promote its success in the stru~4e in which it is engaged. The order in question will occa- sion the outlay of a large amount of ready money, and Messrs. S. Isaac, Campbell & Co. having np to this time advanced to the Government about 400,000 sterling, their active means are so far diminished as to reqnire that some portion of the payment be made in cash or sterling. bills of exchange. Following my instructioiis, I beg leave at the same time to bring to your attention the state of the acconnt between Messrs. S. Isaac, Campbell & Co. and the Government for equipments and other war material already furnished. They have been given to understand the Goverment has matured plans for the issue of certificates for cer- tain specified quantities of cotton, which are to be made applicable to the liquidation of debts contracted abroad for war material and for future purchases. The details of the measure are unknown to us, but we assume they are such as will be entirely acceptable, and accept them in advance of the information which you will greatly oblige by forwarding to me with your reply in duplicate by first steamer leaving for this port. I have the honor to be, your obedieiit servant, BENJ. W. HART. [First indorsenient.] To Quartermaster-General for consideration and report.. J. A. S., Secretary. [Second in(lorsement.] QUARTERMASTER-GENERALS OFFICE, December 39, 1862. Respectfully returned to the Secretary of War. I have considered this communication, and submit that it contains nothing upon which to base a report. The proposal is to furnish clothing ~or 100,000 men, but no item of the cost of the clothing is pre- sented. Maj. J. B. Ferguson, of the Quartermasters Department, is now in Europe foib the purpose of making purchases for the depart- ment. The parties can make their proposals directly to him, and he can best determine upon the expediency of accepting the proposition of these parties. Respectfully, A. C. MYERS, Quart errrtaster- General. GENERAL ORDERS, ~ ADJT. AND INSP. GENERALS OFFICE, No. 89. Richmond, November 18, 1862. I. The following act of Congress is published for the information of all concerned, and will be observed by all enrolling officers: (No. 29.) AN A~T to permit enlistments in the Navy and Marine corps. The Congress of the Confederate States of America do enact, That from and after the passage of this act, any person subject to enrollment for military service mmnder the acts of Congress providing for the pnblic defense, shall be permitted to enlist in the Marine Corps at any time prior to being mustered into the Army o Page 192 192 CORRESPONDENCE, ETC. the Confederate States: Frovided, That the number of men so enlisted does not increase the Marine Corps beyond the strength authorized by law. SEC. 2. That if any person who has been or is about to be enrolled for service in the Army shall, at any time before being assigned to any company, declare to the enrolling or commanding officer that he prefers being enrolled for service in the Navy or the Marine Corps, it shall be the duty of the said officer to enroll such person for the service which he may prefer, and to transmit to the Secretary of the Navy a list of the persons so enrolled. SEC. 3. That from and after the passage of this act, the pay of sailors and marines shall be increased four dollars per month. Approved October 2, 1862. II. Transfers from the military to the naval service will be effected in the presence of an enrolling officer or an officer of the Navy, in order that when the soldier is in due form discharged from the Army he shall be at once enroled and received into the Navy. III. The following form may be used in all cases of discharge, to be signed as required by the eleventh Article of War. Orders for discharge emanating from this office will be considered simply the authority thereon to grant the discharge and not the discharge itself: SOLDIERS DISCHARGE. To all whom it may concern: Know ye, that ,a of Captain company, Regi ment of , who was enlisted the day of ,one thousand eight hundred and , to serve ,is hereby honorably discharged from the Army of the Confederate States. Said was born in , in the State of ,is years of age, feet inches high, complexion, eyes, hair, and by occupation, when enlisted, a Given at this day of ,186. By order: S. COOPER, Ac~jutant and Inspector General. ,A comparative view of commissary supplies and resources presents this state of things: Pounds. Bacon on hand October, 1861 3,031,960 October, 1862 ______ 5 154,366 Surplus ______ 2 123,406 Calculation of bacon from last falls purchase, being product of 249,000 hogs, at 180 pounds per hog, and 53 per cent. thereof in bacon, being purchases made in Kentucky, Tennessee, Virginia, and North Caro lina ______ 23 754,600 Same, this fall, being product of 150,000 hogs purchased in Tennessee, at 150 pounds per hog, and 53 per cent. thereof in bacon 11,925,000 Deficit 11,829,600 From this deficit must be deducted the hogs to be killed in North Caro- lina and in Virginia. From all sources in both States the amount cannot exceed 20,000 hogs; but at the same rates as the last stated items it will amount to ______ 1 590,000 Add excess of bacon on hand October, 1862, above that on hand in October, 1861, amounting, as stated above, to - _______ 2 123,406 Making the total deduction ______ 3 713,406 This last amount taken from the deficit before stated leaves a clear deficitof 8,116,19 Page 193 CONFEDERATE AUTHORITIES. 193 But these estimates do not show accurately the amount on hand at this present time, because consumption has been going on since the 1st of October, now six weeks, on a large scale. The supplies for cur- rent consumption have been largely aided by purchases of bacon in private hands, and those supplies are now exhausted. The deficiency of Government purchases of bacon represents a still greater deficiency in private stocks, as the general insecurity of all the hog region has made parties anxious to sell, and the greater scarcity of salt makes it impossible for many parties to cure their hogs even if it were deemed safe to do so. There is no hope of getting hogs from Kentucky, as parties there feel themselves deserted by the Government, and refuse to sell except for Virginia money, which even at a premium of 25 per cent. cannot be had to one-twentieth part the amount needed. So much for hogs. Comparative estimate of beeves packed last winter and to be packed this winter. Last winter 40 000 This winter 4 000 DeficiL - ______ 0 000 This amount includes all the beeves packed at Alexandria, where none, of course, will be packed this year. Fresh meat. The number of beeves from all sources now available for General Lees army, which now consumes 1,000 head per week, does not this day exceed, so far as this Bureau knows, 8,500 head; and over 4,000 of them are about 250 miles removed from him at this tinme, and winter is at hand. The future of beef supply for the Army is so nearly exhausted that this Bureau does not know whence more is to be obtained. For the armies of the West it may or may not be had from Texas, according to the success in crossing cattle over the Mississippi, and the practica- bility of wintering them when crossed. For the other armies a supply depends on the security of the sea-coasts of Florida and Georgia, and those ~lehivered at Savannah and Charleston are represented to be in a starving and useless condition. This Bureau has umade every effort it could to accumulate supplies fromu Tennessee of bacon, hogs, and beeves; but already General Breck- inridge has made requisition omi Major Cummings, this Bureaus prin- cipal agent, for 600,000 rations, and Capt. Parker Campbell wishes to draw upon our reserves at Atlanta for 500,000 rations, so the Army of the West mnust be nearly as badly off for provisions as any other we have in the field. Noveniber 18, furthermore, by telegraph fromn Major Cummings, who is collecting supplies as above stated, I am informned that lie has received an order to turn over all the supplies he has collected. rilhlis I have forbidden. The fact is of pregnant significancy. L. B. NORTIIRO1~, Corn missary- General of Subsistence. [NOVEMBER 18, 1862.For Pemberton to Harris, in relation to rais- ing new regiments within the eiiemys lines in Tennessee, see Series I, Vol. LII, Part II, p. 391.] 13 H RSERIE5 iv, VOL I Page 194 194 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 90. Richmond, November 19, 1862. I. Before going into action the chief of artillery of each army will make such disposition of the teams attached to the battery wagaons and traveling forges as will render them most available for the pur- pose of securing artillery captured on the battle-field. II. Medical directors and inspectors will forward to the office of the Surgeon-General copies of all circulars, and of all printed orders or instructions, and of all written orders of importance issued by them. III. Details from corps in the field will only be granted for Govern- ment work, and in cases of urgent necessity for work under contract. In the case of details for contract work the consent of the men must be obtained, and the order detailing them will direct that their pay and allowances shall cease during the detail, aiid that in lieu thereof the contractors shall pay them full wages. * * * * * * * By order: S. COOPER, Adjulant and IflSj)ectOr General. STATE OF NORTH CAROLINA, CONFEDERATE STATES OF AMERICA [November 19, 1862.] At the opening of the second winter of the war between the Confed- erate States and the United States of America the State of North Carolina is under the necessity of applying in foreign markets for material with which to equip its citizens in the Army, especially for shoes and blankets. In common with other Southern States, North Carolina previously to this war relied for supplies of manufactured articles in a great measure upon the States with which it is now at war. Besides this, the necessity the State is in of throwing more than one-half of its men into the Army has compelled it to reduce within thenarrowest limits its laborers in the various branches of peaceful industry. Under other circumstances North Carolina would have no difficulty in supplying all of its wants from its own resources; but now, in addition to what is said above, the very great naval superi- ority of the public enemy deprives its citizens of the usual resort of communities pressed by war, inasmuch as foreign merchants are debarred from that access to our markets which is usual, which at the present time would be so abundant a source of accommodating and profitable trade. The authorities of North Carolina therefore recur to the extraordinary course of sending commissioners abroad in order to purchase the articles which are needed. Being unable to procure exchange in quantities sufficient for their purpose, and the transmis- sion of gold or cotton involving a double risk, they have decided to offer a pledge of the faith and credit of the State upon a loan of money to be obtained in Europe for the purpose above indicated. It is presumed that the general character of North Carolina for solvency and honor has been repeatedly canvassed and is now well established in the muoney markets of England, where the State has repeatedly heretofore negotiated its bonds with success. During all the period of its connection with the United States North Carolina was prompt in discharging every pecuniary liability. Although the present wa Page 195 CONFEDERATE AUTHORITIES. 195 has of necessity prevented the State from remitting with regularity the interest accruing upon its public debt, its respect for those obli- gations and determination to keep its faith untouched remains the same. The value of the property belonging to its citizens and within its borders is recorded as more than $500,000,000 in value, of which the value of its slave property is about $200,000,000. The public debt is riot quite $21,000,000. The debt of North Carolina is upon a footing very different from that of the Confederate States, and its payment is l)y no means dependent upon the successful issue of the present war. The returns of the census of 1860, which are yet unpublished, exhibit a marked increase in the growth of cotton in North Carolina, and it is probable that there are now within its limits belonging to its citizens 300,000 bales awaiting the reopening of commerce; besides it may reasonably be anticipated that the development of its mines of coal and iron which have recently been opened, and the products of which are just finding their way to market, will prove in future a very con- siderable item of wealth. The State of North Carolina proposes to repay any money which it may borrow under the commission herewith sent with interest at per cent., payable semi-annually by remit- tances of cotton at market rates, to be effected at the earliest moment possible either during the war or after the return of peace, or the cre(litOr may have an option of funding his debt in bonds of the State with interest as above, such bonds to be issued upon the return of peace and the option to be declared at the time of lending the money. r~ he commission is intrusted to Messrs. John White and T. M. Crossan, and, in the absence of either, of necessity to the other. Z. B. VANCE. [NOVEMBER 19, 1862. F or Floyd to Randolph, proposing reforms in the methods of enforcing the conscript law, see Series I, Vol. XXI, p. 1022.] GENEL~L ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 91. Richmond, November 20, 1862. The officers of the Quartermasters Department charged with paying the troops are hereby prohibited from making payment to any general staff officer of the Provisional Army who does not exhibit the evidence of assignment to the appropriate command under which he claims pay- ment, agreeably to paragraph I of General Orders, No. 48, current series. A departure from this order will render the paying officer liable to stoppage to the amount of such payment, should it be found in the settlement of his account at the Treasury that he has disregarded this regulation. The large number of general staff officers of the Provisional Army who are without assignment to appropriate com- inands, including those of ttie Adjutant and Inspector Generals Department, Quartermasters Department, Commissary Department, and other departments of the general staff, renders it necessary to publish this order and to append to it the subjoined paragraph of General Orders, No. 48, above referred to, to wit: The appointments of general officers and officers of the general staff in the Provisional Army being made under special authority, and for specific objects, terminate with their commands, except in cases of assignment to other appropriate duties Page 196 196 CORRESPONDENCE, ETC. This order is not designed to affect those general staff officers who are temporarily absent on leave, or sick, while under proper assign- ment to their appropriate commands. By order: S. COOPER, Adjutant and IHspector General. EXECUTIVE DEPARTMENT Hon. JAMES A. SEDDON, Montgomery, Ala., November 20, 1862. Secretary of War, Richmond: SIR: I have the honor to communicate to yon an act of the Gen- eral Assembly of Alabama to aid the Confederate Government in providing shoes for the Alabama soldiers in the Confederate Army, & c., and respectfully request that you will inform inc at an early day what extent of provision has been made by the Confederate Govern- ment for that purpose, and to what extent the aid of Alabama will be desirable or acceptable. Very respectfully, your obedient servant, JNO. GILL SHORTER, Governor of Alabama. [Inclosure.] AN ACT to aid the Confederate Government in providing shoes for the Alabama soldiers in the Confederate Army and to impress the materials suitable for such shoes. SECTION 1. Be it ertacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in view of the magnitude of the present war, and under the apprehen- sion that the Confederate Government without the aid of this State cannot supply the troops from this State iii I he Confederate Army with shoes in due time, the sum of $250,000 be, and the same is hereby, appropriated to enable time Governor to have 50,000 pairs of shm~s manufactured or purchased, or such portion thereof as h~ may ascertain the wants of the soldiers from Alabama require. SEC. 2. Be it farther enacted, That to facilitate the accomplishment of time object of tlmis act the Governor shall comnmunicate with the Confederate Government and inform the proper authority thereof of the motives which prompt the legislative I)rovisiolm for the partial supply of shoes for soldiers from Alabama, it being intended only as aid to the Confederate Government. To that end the Governor is hereby authorized to contract with the Confederate Goverumnent to accept all the shoes which he may furnisim at such price as may be agreed on by him and the Confederate Government. SEC. 3. Be it further enacted, That in order that the Governor may obtain the quantity of shoes mentioned in the first section of this act without being subjected to delay or extortion, he is hereby authorized and empowered to take and impress for the public use, in such manner as he shall thii~mk proper, any shoes suitable for soldiers and any leather and any other materials suitable for making such shoes, in tIme possession of any person in this State, mnaking just compensa- tion therefor out of the money in the first sectiomm of this act appro- priated. SEC. 4. Be it further enacted, That in al[ impressmneuts under the provisions of this act due regard shall be had to the wants an Page 197 197 CONFEDERATE AUTHORITIES. necessities of the locality in which any such impressment is made and the extent to and the price at which the party impressed has contributed to supply these wants and relieve these necessities, as well as to the amount of shoes and leather furnished the State or Confederate Government, and the prices at which the sanie has been furnished. Approved November 19, 1862. STATE OF ALABAMA, OFFICE OF SECRETARY OF STATE, November 19, 1862. I hereby certify that the foregoing is a true and correct copy of the original act noxv on file in my office. In testimony whereof I have hereunto set my hand and affixed the great seal of the State at Montgomery this 19th (lay of November, A. D. 1862. [SEAL.] P. II. BRITTAN, Secretary of State. AN ACT to authorize the enrollment of the Creoles of Mobile. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, rrhat certain persons of mixed blood, residing ill the city and county of Mobile, commonly known as Creoles, be, and the same are hereby, authorized to be enrolled as militia foi the defense of the city and county of Mobile, if in the opinion of the mayor of the city it is expedient. SEC. 2. Be it further enacted, That the enrollment authorized by the first section of this act shall be made as follows, to wit: The mayor shall enroll such male Creoles between the ages of eighteen years and fifty years who wish to be enrolled. He shall then (livide them into suitable companies, and appoint some discreet white man as commissioned officer to command said companies. Said compa- nies shall be confined exclusively to the defense of the city and county of MoIAle, and shall be under the command of the military author- ities in the city of Mobile. Approved November 20, 1862. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 92. Richmond, November 21, 1862. The second clause of paragraph I, General Orders, No. 29, current series, is hereby amended to read as follows: 2. If the substitute be of good moral character, not within the pro- hibited classes, and, on examination by a surgeon or assistant surgeon of the Army, be pronounced capable of bearing arms, lie may, upon the written consent of the company and regimental or battalion com- mander, provided the substitution can be effected without manifest injury to the public service, be enrolled and mustered into the com- pany for three years, unless the war sooner terminates, and the non- commissioned officer or soldier procuring him shall thereupon be dis- charged, but shall not be entitled to transportation at the expense of the Government. By order: S. COOPER, Adjutant and Inspector General Page 198 198 CORRESPONDENCE, ETC. [NOVEMBER 21, 1862.For Taylor to Randolph, relative to the execution of the conscript law in Louisiana, see Series I, Vol. XV, p. 872.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 93. ( Richmond, November 22, 1862. I. The following acts of Congress, having been approved by the President, are published for tire information of the Army: (2.) AN ACT to amend an act entitled An act to provide for the public defense. The Congress of the Confederate States of America do enact, That the sixth section of the act to provide for the public defense, approved on the sixth of March, eighteen hundred and sixty-one, be amended by adding after the words brigades into divisions, the words and divisions into army corps, and each army corps shall be commanded by a lieutenant-general, to be appointed by the President, by and with the advice and consent of the Senate, who shall receive the pay of a briga- dier-general. Approved September 18, 1862. (3.) AN ACT to authorize the appointment of additional officers of artillery for ordnance duties. The Congress of the Confederate States of America do enact, That the Presi- dent, by and with the advice and consent of the Senate, may appoint seventy offi- cers of artillery in the Provisional Army, for the performance of ordnance duties, in addition to those authorized by the act entitled An act to authorize the appoint- ment of officers of artillery in the Provisional Army, approved April twenty-first, eighteen hundred and sixty-two, and that from the whole number of artillery offi- cers appointed to discharge ordnance duties there shall be one with the rank of lieutenant-colonel for each command composed of more than one army corps, one with the rank of major for each army corps composed of more than one division, and the residue with the rank of ~aptain and first and second lieutenant in such proportion as the President shall prescribe. A~jroved September 16, 1862. (4.) AN ACT in relation to the transfer of troops. The Congress of the Confederate States of America do enact, That it shall be the duty of the Secretar of ar to transfer any private or non-commissioned officer who may be in a regiment from a State of this Confederacy other than his own, to a regiment from his own State, whenever such private or non-commissioned officer may apply for such transfer, and whenever such transfer can be made without injury to the public service; and the Secretary of War shall make regulations to facilitate such transfer: Provided, That this act shall not apply to any one who has enlisted as a substitute. Approved September 23, 1862. . (5.) AN ACT to regulate the rank of officers of the Provisional Corps of Engineers. The Congress of the Con ederate States of America do enact, That the officers of the Engineer Corps of the Provisional Army may have rank conferred on them during the war, equal to that authorized by law for the Engineer Corps of the Con- federate States Army: Provided, That the number of officers in each grade be limited to one colonel, three lieutenant-colonels, six majors, fifty [forty] captains, thirty first lieutenants, and twenty second lieutenants. Approved September 23, 1862 Page 199 CONFEDERATE AUTHORITIES. 199 (6.) AN ACT to increase the Signal Corps. The Congress of the Confederate States of America do enact, That the Presi- dent, by and with the advice and consent of the Senate, may appoint one major, ten first and ten second lieutenants in the Signal Corps, and that the Secretary of War may appoint twenty additional sergeants in the said corps. Approved September 27, 1862. (8.*) AN ACT to better provide for the sick and wonnded of the Army in hospitals. Tue Congress of the Confederate States of America do enact, That the commu- tation value of rations of sick and disabled soldiers in the hospitals of the Confed- erate States is hereby fixed at one dollar, instead of the commutation now allowed by law, which shall constitute the hospital fund and be held by the commissary and be paid over by him, from time to time, to the surgeon or assistant surgeon in charge of the hospital of which the soldier whose ration was commuted is an inmate, upon the said surgeon or assistant surgeons requisition, made in writing, when necessary to purchase supplies for said hospital: Provided, however, When said fund for any one hospital shall increase over and above the monthly expendi- tures of the same to an amount exceeding the sum of five thousand dollars, the said commissary shall be required to deposit the said excess over and above the said five thousand dollars in the Treasury of the Confederate States, or such other place of deposit where Government moneys are ordered to be kept; which said deposits, when so made, shall be passed to the credit of the said Confederate States, and be liable to draft as other public moneys are; and all such funds shall be accounted for by the said commissary in his monthly report and abstract as now required by law: And ~provided further, That all such surgeons and assist- ant surgeons who shall receive from the said commissary any part of said hospital fund, to be expended for the use of hospitals, shall be held liable for a faithful application of it, and in a weekly account and abstract, to be made out and for- warded to the office of the Surgeon-General, to be verified in every instance by vouchers, shall show what disposition has been made of it, which account, abstract, and accompanying vouchers, shall be placed on file. SEC. 2. That the Secretary of War is hereby authorized and directed to make a contract with the several railroad companies and lines of boats for the speediest practicable transportation of all supplies purchased for the use of hospitals by agents accredited by the surgeon or assistant surgeon in charge for that purpose, or donations by individuals, societies, or States; and it shall be lawful for the Quar- termaster~eneral to furnish general transportation tickets to such agents upon all railroad trains and canal-boats when engaged in the actual service of said hospitals, upon the request of said surgeon or assistant surgeon. SEC. 3. That there shall be allowed to each hospital of the Confederate States, suits of clothing, consisting of shirts, pantaloons, and drawers equal to the number of beds in the same, for the use of the sick while in the hospitals, when so ordered by the surgeon or assistant surgeon in charge, which said clothing shall be drawn upon the written requisition of said surgeon or assistant surgeon, and shall be receipted for and kept as hospital clothing, and be accounted for by him as other public property. SEC. 4. That there be allowed to each hospital, with rations and suitable places of lodging, the following matrons and female nurses and attendants, viz: Two matrons, to be known and designated as hospital matrons in chief, at a salary not to exceed forty dollars per month each, whose general duties shall be to exercise a superintendence over the entire domestic economy of the hospital, to take (liarge of such delicacies as may be pi~vided for the sick, to apportion them out as required, to see that the food or diet is properly prepared, and all such other duties as may be necessary. Two matrons, to be known and designated as assist- ant matrons, whose general duties shall be to superintend the laundry, to take charge of the clothing of the sick, the bedding of the hospital, to see that they are kept clean and neat, and perform such other duties as may be necessary, at a salary not to exceed thirty-five dollars per month each. Two matrons for each * For act No. 7 embodied in this order (but here omitted), see An act to amend an act entitled An act to provide further for the public defense, approved April 16, 1862, published in General Orders, No. 82, Adjutant and Inspector Generals Office, p. 160 Page 200 200 CORRESPONDENCE, ETC. ward, at a salary not to exceed thirty dollars per month each, to be known and designated as ward matrons, whose general duties shall be to prepare the beds and bedding of their respective wards, to see that they are kept clean and in order, that the food or diet for the sick is carefully prepared and furnished to them, the medicine administered, and that all patients requiring careful nursing are attended to, and all such other duties as may be necessary. And all surgeons and assistant surgeons in charge of a hospital are hereby authorized to employ such other nurses, either male or female, as may be necessary to the proper care and attention of the sick, at a salary each not to exceed twenty-five dollars per month, and also the necessary cooks, at a salary not to exceed twenty-five dollars each per month, and one ward-master for each ward, at a salary not to exceed twenty- five dollars per month each, giving preference in all cases to females where their services may best subserve the purpose; and in the event a sufficient number of such nurses and ward-masters cannot be employed, not liable to military service, and it shall become necessary to assign to this duty soldiers in the service, then, upon the requisition of such surgeon or assistant surgeon in charge of such hospital, the soldier or soldiers so assigned, who are skillful and competent, shall be per- manently detailed to this duty, and shall only be removable for neglect or inatten- tion by the surgeon or assistant surgeon in charge: Provided, In all cases, that all other attendants and servants, not herein provided for, necessary to the service of said hospital, shall be allowed, as now provided by law. SEC. 5. That the hospitals of the Confederate States shall hereafter be known and numbered as hospitals of a particular State; and in all cases where the same can be done without injury to the patients or great inconvenience to the Govern- ment, all sick or wounded soldiers, being citizens or residents of such particular State, shall be sent to such hospital as may represent the same, and to such pri- vate or State hospitals representing the same, which may be willing to receive them. SEC. 6. That all persons authorized to be employed by section fourth of this act who are not engaged in the military service, and whose pay is not now provided for by law, shall be paid monthly by any quartermaster or other person author- ized to pay troops in the military service, upon a muster or pay roll, to be made out and certified to by the surgeon or assistant having in charge the hospital or hospitals in which said persons have been employed. SEC. 7. That the Secretary of War is hereby authorized, in such way and man- ner as he may deem best, and under such rules and regulations as he may pre- scribe, to enter into and perfect some suitable arrangement with the railroad companies, their officers, or authorized agents, whereby seats in one or more cars of each railroad train, as the necessities of the case may be, shall be reserved for the use of the sick and wounded soldiers who may desire transportation on any such railroad, and that no person not sick or wounded, and not an attendant upon the sick and wounded, shall be permitted to enter any such car or cars so reserved until The said sick and wounded and their attendants shall first have obtained seats; and, also, shall perfect son~e arrangement with the said railroad companies, their officers or agents, whereby all conductors having in charge any such trains shall be required to provide, for the use of the sick and wounded in the cars so reserved, a sufficient quantity of pure water. SEC. 8. That all surgeons and assistant surgeons in charge of a hospital, having in his or their charge any sick or wounded soldier desiring transportation as aforesaid, shall, in all cases, detail some competent person, acting under his or their authority, whose duty it shall be to accompany all such sick and wounded to the depot of any such railroad, to see that all such are properly cared for, and that they obtain seats on the said car or cars so reserved. Approved September 27, 1862. (1O.*) AN ACT to enable the President of the Confederate States to provide the means of military trans portation by the construction of a railroEfti between Blue Mountain, in the State of Alabama and Rome, in the State of Georgia. Whereas, the Confederate states are engaged in a war, the extent of which has no parallel in modern history, and the President, by his message of the twenty- fourth of September, eighteen hundred and sixty-two, to the Congress, has rec- ommended the importance of constructing a railroad between Blue Mountain, in Calhoun County, Alabama, and Rome, in the State of Georgia, as a means of~ transportation needful for th~ public defense, and the construction of which * No. 9 omitted as unimportant Page 201 CONFEDERATE AUTHORITIES. 201 is also strongly recommended by the general in command of the military district in which said road is situated: Therefore, The Congress of the Confederate States of America do enact, That the Pres- ident be and he is hereby authorized ahd empowered to make all contracts, embracing such terms and provisions as he may deem expedient, to effect a speedy construction and completion of the link of railroad aforesaid, with the several railroad companies whose charters extend over said line, in the manner lie may think best calculated to promote the public interest and provide for the public defense. SEC. 2. Be it further enacted, That to enable the President to accomplish the object herein contemplated, the sum of one million one hundred and twenty-two thousand, four hundred and eighty dollars and ninety-two cents, in the bonds of the Confederate States, is hereby appropriated, to be issued and applied by the order of the President, at such times and in such sums as he may deem proper; and that the President be directed to take a mortgage on said road and its appur- tenances for the ultimate repayment of the money so expended, with interest at eight per centum per annum, in aid of its construction. Approved October 2, 1862. (11.) AN ACT to amend an act entitled An act providing for the appointment of adjutants of regiments an(l legions, of the grade of subaltern, in addition to the subalterns attached to companies, approved August 31, 1861. The Congress of the Confederate States of America do enact, That the pro- visions of said act shall be extended so as to apply to independent battalions, and that on the recommendation of the commander of any such battalion, an adju- tant of the grade of subaltern may be appointed by the President for said bat- talion, who is not attached as subaltern to said battalion, and that said adjutant, when so appointed, shall have the same rank, pay and allowance as are provided by law for adjutants of regiments. Approved October 2, 1862. (12.) AN ACT supplemental to An act authorizing the Secretary of War to grant transfers, approved September 23, 1862. Thc Congress of the Confederate States of America do enact, That whenever the Secretary of War shall grant transfers agreeable to the above act to any sol- dier now in service, he shall furnish transportation also. Approved October 2, 1862. (13.) AN ACT to empower certain persons to administer oaths in certain cases. The Congress of the Confederate States of America do enact, That the oath required to enable sick, wounded, or other soldiers to receive their pay, may be taken before any quartermaster, who is hereby authorized to administer the same, or before any justice of the peace having jurisdiction, or any other officer having the right by the laws of the State to administer oaths. Approved October 2,1862. (14.) AN ACT supplementary to An act concerning the pay and allowance due to deceased soldiers, apprOve(l February 15, 1862, and to provide for the prompt settlement of claims for arrearages of pay, allowances and bounty due deceased officers and soldiers. The Congress of the Confederate States of America do enact, That claims due to deceased non-commissioned officers and privates for pay, allowances and bounty, may be audited and paid without the necessities of the parties entitled producing a pay-roll from the captain or commanding officer, when there is other official evidence of the amount due satisfactory to the Second Auditor, under such regu- lations as he has or may preseribe, with the approval of the Secretary of War. SEC. 2. The claims of deceased commissioned officers shall be paid to their heirs or representatives in the same manner as similar claims of non-commissioned officers and privates are now or may be directed by law to be paid; and to assist the Second Auditor in more effectually carrying out the provisions of this act and other pressing business of-his office, the Secretary of the Treasury is author- ized to appoint an experienced accountant who, with the chief clerk, shall have authority to sign and attest such official business as said auditor shall approve and direct Page 202 202 CORRESPONDENCE, ETC. SEC. 3. The Secretary of the Treasury is hereby authorized to employ in the office of the Second Auditor as many additional temporary clerks as he may think necessary, to assist said auditor in the settlement of the claims of deceased offi- cers and soldiers, the compensation of said clerks to be four dollars per day, and without any addition whatever, for every day they shall be so actually engaged, except one, whose annual compensation shall be fifteen hundred dollars, the others to be paid weekly at the Treasury, upon a certificate of service of said auditor. SEC. 4. This act shall take effect frog~ its passage, and the third section shall continue in force for twelve months and no longer. Approved October 3,1862. (15.) AN ACT to provide for the organization of army corps. The Congress of the Confederate States of America do enact, That the sixth sec- tion of an act to provide for the public defense, approved March sixth, eighteen hundred and sixty-one, be so amended as to authorize the President to organize divisions of the Provisional Army of the Confederate States into army corps, and, by and with the advice and consent of the Senate, to appoint officers to the com- mand thereof. Approved October 6, 1862. (16.) AN ACT to authorize the estahlishment of camps of instruction and the appointment of officers to command the same. The Congress of the Confederate States of America do enact, That the President be and he is authorized to establish camps of instruction for persons enrolled for military service, at such places and in such numbers in the several States as he may deem necessary, and to appoint, by and with the advice and consent of the Senate, officers in the Provisional Army, with the rank and pay of major, to super- intend and command the same. Approved October 8, 1862. (17.) AN ACT to repeal the law authorizing commutation for soldiers clothing, and to require clothing to he furnished hy the Secretary of War in kind. The Congress of the Confederate States of America do enact, That so much of the existing law as provides commutation for clothing to the soldiers in the serv- ice of~he Confederacy, be and the same is hereby repealed; and hereafter the Sec- retar~ of War shall provide in kind to the soldiers, respectively, the uniform clothing prescribed by the Regulations of the Army of the Confederate States; and should any balance of clothing be due to any soldier at the end of the year, the money value of such balance shall be paid to such soldier, according to the value of such clothing fixed and announced by order from the War Department. Approved October 8,1862. (18.) AN ACT to amend an act entitled An act for the organization of the staff departments of the Army of the Confederate States of America, apl)roved March 14, 1861. The Congress of the Confederate States of America do enact, That the first section of the act entitled An act for the organization of the staff departments of the Army of the Confederate States of America, approved March fourteentb eighteen hundred and sixty-one, be amended by adding to the Adjutant and Inspector Generals Department olie assistant adjutant-general with the rank of colonel. Approved October 8, 1862. (19.) AN ACT to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts. The Congress of the Confederate States of America do enact, That courts shall be organized, to be known as military courts, one to attend each army corps in the field, under the direction of the President. Each court shall consist of thre Page 203 203 CONFEDERATE AUTHORITIES. members, two of whom shall constitute a quorum, and each member shall be entitled to the rank and pay of a colonel of cavalry, shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office during the war, unless the court shall be sooner abolished by Congress. For each court there shall be one judge-advocate, to be appointed by the Presi- dent, by and with the advice and consent of the Senate, with the rank and pay of a captain of cavalry, whose duties shall be as prescribed by the Rules and Articles of War, except as enlarged and modified by the purposes and provisions of this act, and who shall also hold his office during the war, unless the court shall be sooner abolished by the Congress; and in case of the absence or disability of the judge- advocate, upon the application of the court, the commander of the army corps to which such court is attached may appoint or detail an officer to perform the duties of judge-advocate during such absence or disability, or until the vacancy, if any, shall be filled by the President. SEC. 2. Each court shall have the right to appoint a provost-marshal, to attend its sittings and execute the orders of the court, with the rank and pay of a cap- tain of cavalry; and also a clerk, who shall have a salary of one hundred and twenty-five dollars per month, who shall keep the record of the proceedings of the court, and shall reduce to writing the substance of the evidence in each case, and file the same in court. The provost-marshal and the clerk shall hold their offices during the pleasure of the court. Each member and officer of the court shall take an oath well and truly to discharge the duties of his office to the best of his skill and ability, without fear, favor or reward, and to support the Consti- tution of the Confederate States. Each member of the court, the judge-advocate and the clerk, shall have the power to administer oaths. SEC. 3. Each court shall have power to adopt rules for conducting business and for the trial of causes, and to enforce the rules adopted, and to punish for con- tempt, and to regulate the taking of evidence, and to secure the attendance of witnesses, and to enforce and execute its orders, sentences and judgments, as in cases of courts-martial. SEC. 4. The jurisdiction of each court shall extend to all offenses now cogniza- ble by courts-martial under the Rules and Articles of War and the customs of war, and also to all offenses defined as crimes by the laws of the Confederate States or of the several States, and when beyond the territory of the Confederate States, to all cases of murder, manslaughter, arson, rape, robbery and larceny, as defined by the common law, when committed by any private or officer in the Army of the Confederate States against any other private or officer in the Army, or against the property or person of any citizen or other person not in the Army: Provided, Said courts shall not have jurisdiction of offenders above the grade of colonel. For offenses cognizable by courts-martial the court shall, on convic- tion, inflict the penalty prescribed by the Rules and Articles of War, and in the manne~ and mode therein mentioned; and for offenses not punishable by the Rules and Articles of War, but punishable by the laws of the Confederate States, said court shall inflict the penalties prescribed by the laws of the Confederate States; and for offenses against which penalties are not prescribed by the Rules and Articles of War, nor by the laws of the Confederate States, but for which pen- alties are prescribed by the laws of a State, said court shall inflict the punishment prescribed by the laws of the State in which the offense was committed: Provided, That in cases in which, by the laws of the Confederate States, or of the State, the punishment is by fine or by imprisonment, or by both, the court may, in its dis- cretion, inflict any other punishment less than death; and for the offenses defined as murder, manslaughter, arson, rape, robbery and larceny, by the common law, when committed beyond the territorial limits of the Confederate States, the pun- ishment shall be in the discretion of the court. That when an officer under the grade of brigadier-general or private shall be put under arrest for any offense cognizable by the court herein provided for, notice of his arrest and of the offense with which he shall be charged shall be given to the judge-advocate by the officer ordering said arrest, and he shall lA~ entitled to as speedy a trial as the business before said court will allow. SEC. ~. Said courts shall attend the Army, shall have appropriate quarters within the lines of the Army, shall b& always open for the transaction of business, and the final decisions and sentences of said courts in convictions shall be subject to review, mitigation and suspension, as now provided by the Rules and Articles of War in cases of courts-martial, SEC. 6. That during the recess of the Senate the President may appoint the members of the courts and thejudges-advocate provided for in the previous sec- tions, subject to the confirmation of the Senate at its session next ensuing said appointments. Approved October 9, 1862 Page 204 204 CORRESPONDENCE, ETC. (20.) AN ACT to provide shoes for the Army. The Congress of the Confederate States of America do enact, That the President be anO he is hereby authorized, on the requisition of the Quartermaster-General, to detail from the Army persons skilled in the manufacture of shoes not to exceed t~xo thousand in number; and it shall be the duty of the Quartermaster-General to place them, without delay, at suitable points in shops under proper regulations prescribed by him, and employ them diligently in the manufacture of shoes for the Army. SEC. 2. Be it further enacted, That soldiers detailed under the provisions of this act shall be entitled to receive pay for extra duty, and also thirty-five cents per pair for shoes manufactured by them severally, in addition to regular pay and rations. Approved October 9, 1862. (21.) AN ACT to authorize the President to accept and place in the service certain regiments and hat talions heretofore raised. The Congress of the Confederate States of America do enact, That the Presi- dent be and he is hereby authorized and empowered, whenever in his opinion the public good would be promoted thereby, to receive into the service regiments or battalions which have been organized in good faith prior to the first day of October, eighteen hundred and sixty-two, under authority or by direction of the Secretary of War, or any general officer of the Government, although said regiments or battalions may be composed in part of persons between the ages of eighteen and thirty-five years: Provided, That this authority shall not extend to regiments or battalions organized after the said first day of October, eighteen hundred and sixty-two, except in those States and locations where the conscript law may be suspended. SEc. 2. That the President be and he is hereby authorized and empowered, whenever in his opinion it would promote the public good, to receive into service regiments or battalions which have been heretofore organized of conscripts by a general officer in any of the States lying west of the Mississippi River. SEC. 3. That all companies, battalions and regiments of infantry raised or organized before the first day of December next within the limits of Middle and West Tennessee, to be composed of residents of said districts, may be accepted by the President when, in his opinion, the public interest will be promoted thereby, and said troops shall be allowed to elect their own officers for the first election, after which all vacancies shall be filled by the President, under the act, and the acts amendatory of the same, providing for the public defense, passed sixteenth of April eighteen hundred and sixty-two, and also such counties in North Carolina lying ~ast of the line of the Wilmington and Weldon Railroad as are beyond the lines of the Army and exposed to the incursions of the enemy. Approved October 11, 1862. (22.) AN ACT to amend an act entitled An act to raise an additional military force to serve during the war, approved 8th May, i861, and to provide for raising forces in the States of Missouri and Ken- tucky. The Congress of the Confederate States of America do enact, That the first and second sections of the act to which this is an amendment, are hereby declared to have full force and effect in those States and districts in which the President muay, under the law, suspend the provisions of the acts providing for the enrollment of persons for military service, or when said acts cannot be enforced by reason of the occupation of the enemy: Provided, That the troops received under the sec- tions of said act shall be received for three years or for the war. SEC. 2. That the President may, ki cases when in his opinion the public interest requires that he should do so, appoint major and brigadier generals, with their appropriate staffs, and also the field, company, and staff officers to regiments, battalions, companies or squarirons before the same are organized, by and with the advice and consent of the Senate, and if said regiments, battalions, companies or squadrons are not reported as complete within a reasonable time, the President may, in his discretion, vacate the commissions of said officers, who shall be entitled to the pay of their respective grades from the date of their respective appoint- ments until their commissions are vacated; and that companies of infantry shall consist of at least one hundred and twenty-five rank and file, companies of artil- lery of at least one hundred and fifty rank and file, and companies of cavalry of at least eighty rank and file. Approved October 11, 1862 Page 205 CONFEDERATE AUTHORITIES. 205 (23.) AN ACT amendatory of an act entitled An act providing for the granting of bountiea and furloughs to privates and noncommissioned officers in the Provisional Army, approved December 11, 1861. The Congress of the Confederate States of America do enact, That the above recited act be so amended as to secure to all soldiers and non-commissioned officers who shall have entered the armies of the Confederate States for three years or during the war the bounty of fifty dollars, as therein provided, although such soldier or non-commissioned officer may have been killed in battle, died, or been honorably discharged before the expiration of the first years service of his term, to be paid as other arrearages. Approved October 11, 1862. (24.) AN ACT to authorize the President to make certain appointments dnring the recess of the Senate. The Congress of the Confederate States of America do enact, That the Presi- dent be, and he is hereby, authorized to fill by appointment all offices created, and all vacancies which may have occurred during the present session of Con- gress: Provided, That said appointment shall, at the next session of Congress, be submitted to the Senate for its advice and consent: And provided further, That said appointments shall expire, unless confirmed, during the next session of the Senate. Approved October 13, 1862. (25.) AN ACT to regnlate and fix the pay of cadets in the service of the Confederate States. The Congress of the Confederate States of America do enact, That the pay of cadets in the service of the Confederate States shall be the same as second lieu- tenants of the arm of service to which they are attached. Approved October 13, 1862. (26.) AN ACT to relieve the Army of disqnalified, disabled and incompetent officers. The Congress of the Confederate States of America do enact, That whenever in the judgment of the general commanding a department, the good of the serv- ice and the efficiency of his command require it, he is authorized, and it is hereby made his duty, to appoint an examining board, to be composed of officers of a rank at least as high as that of the officers whose qualifications it is proposed to inquire into, which board shall immediately proceed to examine into the cases of such officers as may be brought to their attention for the purpose of determining their ~malifications for the discharge of the duties properly appertaining to their several positions. SEc. 2. Be it further enacted, That whenever such examining board shall determine that any officer is clearly unfit to perform his legitimate and proper duties, or careless and inattentive in their discharge, then the said Board shall communicate their decision, together with the full report of their proceedings in the case, to the general commanding the department in which the examination shall have been held, who shall, if he approve the finding of the Board, be author- ized to suspend the officer who has been pronounced unfit for his position, and shall immediately transmit to the Secretary of War the decision and proceedings of the Examining Board with its own action and opinion indorsed thereon: Pro- vided, That such officer shall be entitled to be heard and to call witnesses in his defense. SEC. 3. Be it further enacted, That the Secretary of War, if he approve the finding of the Board and the action of the general commanding the department, shall lay the same before the President, who is authorized to retire honorably, without pay or allowances, or to drop from the Army, as the circumstances of the case may warrant, and the good of the service require, the officer who has been found unfit for his position. SEC. 4. Be it farther enacted, That in order to secure reliable information of the efficiency and competence of officers, it is hereby made the duty of each officer commanding a regiment, separate battalion, company, battery or squadron, to make to his immediate commanding officer, who shall transmit the same to the brigadier-general commanding, a monthly report in tabular form, a copy whereof shall be retained by the reporting officer, subject to the inspection of all officers interested therein, containing a list of all commissioned officers of such regiment, separate battalion, company, battery or squadron, in which shall be stated th Page 206 206 CORRESPONDENCE, ETC. number of days each officer has been absent from his command, with or withont, or on sick leave; the number of times each officer has been observed to have been absent from his command when on march or in action; when and where each officer has been observed to have performed signal acts of service; when and where negligent in the performance of duty and inattentive to the security and economy of public property; printed blank forms of which said reports shall be furnished by the Secretary of War for the use of the officers whose duty it is made to make such reports. SEC. 5. Be it further enacted, That whenever any officer of a company, bat- talion, squadron or regiment shall have been dropped or honorably retired, in accordance with the provisions of this act, then the officer next in rank shall be promoted to the vacancy, if competent, such competency to be ascertained as provided in the first and second sections of this act, and if not competent, then the next officer in rank shall be promoted, and so on until all the commissioned officers of the company, battalion, squadron or regiment shall have been gone through with; and if there be no officer of the company, battalion, squadron or regiment competent to fill the vacancy, then the President shall, by and with the advice and consent of the Senate, fill the same by appointment: Provided, That the officer appointed shall be from the same State as that to which the company, battalion, squadron or regiment belongs: And provided further, That nothing herein contained shall be construed as limiting the power heretofore conferred upon the President by existing laws to fill any vacancy by the promotion of officers or the appointment of privates distinguished in the service by the exhibition of extraordinary valor and skill: And provided further, That vacan- cies arising under the operation of this act, in regiments or battalions which were organized under the laws of a State for the war, or for a period not yet expired, shall be filled as in case of death or resignation. Approved October 13, 1862. (27.) AN ACT to authorize the grant of medals and badges of distinction as a reward for courage and good conduct on the field of battle. The Congress of the Confederate States of America do enact, That the President be and he is hereby authorized to bestow medals, with proper devices, upon such officers of the armies of the Confederate States as shall be conspicuous for courage and good conduct on the field of battle; and also to confer a badge of distinction upon one private or non-commissioned officer of each company after every signal victory it shall have assisted to achieve. The non-commissioned officers and pri- vates of the company, who niay be present on the first dress parade thereafter, may choose, by a majority of their votes, the soldier best entitled to receive such distinction, whose name shall be communicated to the President by commanding officers of the conipany, and if the award fall upon a deceased soldier, the badge thus~twarded him shall be delivered to his widow, or if there be no widow, to any relation the President may adjudge entitled to receive it. Approved October 13, 1862. (28.) AN ACT to authorize the formation of volunteer companies for local defense. The Congress of the Confederate States of America do enact, That for the pur- pose of local defense in any portion of the Confederate States, any number of persons not less than twenty, who are over the age of forty-five years, or other- wise not liable to military duty, may associate themselves as a military company, elect their own officers and establish rules and regulations for their own govern- ment, and shall be considered as belonging to the Provisional Army of the Con- federate States, serving without pay or allowances, and entitled, when captured by the enemy, to all the privileges of prisoners of war: Provided, That such corn- ~~any shall, as soon as practicable, ~ransmnit their muster-roll, or a list of the names of the officers and privates thereof, to the Governor of the State, tIme commanding general of the department, or any brigadier general in the State or Confederate service, to be forwarded to the Secretary of War; bu~ the President or the com- muander of the military district may, at any time, disband such companies: Provided, That in the States and districts in which the act entitled An act to further provide for tbe public defense, approved April the sixteenth, eighteen hundred and sixty-two, and the acts amendatory thereof, have been suspended, persons of any age, resident within such States or districts, may volunteer and form part of such companies so long as such suspension shall continue: Provided, That no person shall become a member of said company until he shall have firs Page 207 CONFEDERATE AUTHORITIES. 207 taken the oath of allegiance to the Confederate States of America in writing, a copy of which shall be filed with the muster-roll of said company as above prescribed. Approved October 13, 1862. (29.) AN ACT to increase and regulate the appointment of general officers in the Provisional Army. The Congress of the Confederate States of America do enact, That the President be and he is hereby authorized, by and with the advice and consent of the Senate, to appoint twenty general officers in the Provisional Army, and to assign them to such h1)propriate duties as he may deem expedient. Approved October 13, 1862. By order: S. COOPER, Adjataut and Inspector General. HEADQUARTERS CAMP OF INSTRUCTION, Talladega, Ala., November 24, 1862. Hon. JOHN A. CAMPBELL, Assistant Secretary of War, Confederate States of America, Richmond, Va.: SIR: I beg leave again to ask the attention of the Department to the urgent necessity of authorizing me to enforce the execution of the conscription laws in Northern Alabama or of adopting some other measures for the accomplishment of the same object. The lIon. George W. Randolph, Secretary of War, in a letter dated August 22, 1862, instructed me as follows: If there is anything like organized resistance you will report to the Depart- ment, and not risk a collision with bands of men. In obedience to this order I have refrained from adopting any vig- orous measures for the enforcement of the law, but have repeatedly reported to the Department the fact that serious resistance to the law exists in various quarters, asking authority to enforce its execution. To these repeated representations I have never received any answer. The consequence is that the impunity with which enrolling officers can be defied has emboldened opposition, until now the evil has increased to such magnitude as to threaten the loss to the Govern- ment of a large share of the advantages that might result from a vigorous enforcement of the conscription, to give occasion for the murder of one man in the execution of his duty, and to create intense popular dissatisfaction at the idea that loyal and honest citizens are forced into the service, while the disloyal and refractory are left at large, defying the authority of the Government and its agents. I am siihjected to the daily mortification of receiving reports from enroll- lug officers of inability to execute the law without being able to afford them any assistance. I beg leave also to call your attention to the fact that more than four months ago I obtained the approval of the War Department to a requisition for 500 stand of arms, with accon- terments to correspond, and a sufficient supply of ammumution, and an order from the Chief of Ordnance for the issue of the same. This issue has never been made, although repeated efforts have been used to obtain it. After great difficulty I have only recently been able to obtain 180 stand of arms without a bayonet or a cartridge. I respect- fully and urgently suggest that I should be at once furnished wit Page 208 208 CORRESPONDENCE, ETC. arms and accouterments for 500 men and a sufficient supply of ammu- nition. Also, that I be authorized to purchase horses, saddles, & c., to mount twenty or thirty men, with suitable arms and accouterments for the same, and to make use of energetic measures for the enforce- ment of the law whenever necessary. I would respectfully remark that other camps have been fully supplied with arms and ammu- nition on requisitions made subsequently to my own, which had the expressed approval of the Department, and that they are nowhere more needed than here. I have the honor, sir, to be, very respectfully, your obedient servant, W. T. WALTILALL, Major, Commanding. EXECUTIVE DEPARTMENT, Milledgeville, November 24, 1862. his Excellency JEFFERSON DAvIs: DEAR SIR: As directed by a joint resolution of the General Assem- bly of this State, of which the inclosed is a copy, I make known their wishes to you, and respectfully request that you direct the Chief of Ordnance to give me an order upon Colonel Rains, of Augusta, for the powder. We anticipate trouble with our slaves during the approaching holidays and fear we shall need the powder. Most of the powder mentioned in the resolution was furnished by the State to supply Fort Pulaski before it fell into the hands of the enemy and to supply our batteries along the coast and around Savannah. Your early attention to this matter will greatly oblige the people of this State. I am, very respectfully, JOSE1~l1 E. BROWN. [Inclosure.] Whereas, the State of Georgia has heretofore loaned to the Confed- er4e Government about 160,000 pounds of powder; aiid whereas, the State now needs a portion of the same for its intei~nal police: Be it therefore resolved by the Senate and House of Representatives, That the Confederate Government is hereby respectfully requested to return to the Governoi of Georgia 25,000 pounds of the amount of l)owder so loaned, as soon as the same can be done, for the use of the State. Be it further resolved, That a copy of this preamble and resolution be forwarded to His Excellency the President of the Confederate States. JOHN BJLLU1~S, Pr~sident of the Senate. JAS. M. MOBLEY, Secretary oJ Senate. WARREN AKIN, Speaker of the House of Representatives. L. CARRINGTON, Clerk of the House of Representatives. Assented to November 22, 1862. JOSEPh K BROWN, Governor Page 209 CONFEDERATE AUTHORITIES. 209 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 95. Richmond, November 25, 1862. To carry into effect the provisions of An act to better provide for the sick and wounded of the Army in hospitals, approved September 27, 1862, the following instructions are published: 1. The commuted value of rations for the sick and wounded in hos- pitals will be $1. Rations for hospital attendants will be commuted at the rates heretofore fixed by regulations. 2. Commissaries of subsistence will transfer, for the purchase of necessary supplies for sick and wounded, to the medical officer in charge of the hospital (taking duplicate receipts therefor) such por- tion of the hospital fund as may be demanded, on requisition. 3. Accounts current of the portion of the hospital funds thus trans- ferred will be rendered weekly to the Surgeon-General by the medical officer in charge of the hospital, accompanied by vouchers (No. ) for the expenditures. The fractional part of the week corresponding with the termination of a month will be included in the fourth or last account current of the month. The following form will be adopted :* 4. A copy of the statement of the hospital fund will be rendered monthly by medical officers to the Surgeon-General, according to the following form :* 5. When a hospital fund shall exceed $5,000 the commissary of subsistence having the fund in hand will deposit such excess in the Treasury of the Confederate States, or other place of deposit where Government moneys are kept, to be liable to draft, as other public moneys are. Commissaries will account for hospital funds on their monthly abstract and summary statements. 6. The quartermaster will have arrangements made with the various lines of boats for the speediest practicable transportation for supplies for the hospital, and general transportation tickets will be furnished to accredited agents engaged in the actual purchase of these supplies upon the request of the medical officer in charge of hospital. 7. The medical officers in charge of general hospitals will make requis4ions on the medical purveyors for hospital suits (shirts, panta- loons, and drawers) for the use of the sick and wounded while in hospital, not to exceed in number the number of beds, while clothing shall be borne on the returns and be accounted for as othem~ hospital property. S. There will be allowed to each general hospital, with rations and suitable places of lodging, two chief matrons, at a salary not to exceed ~40 per month each, whose general duties shall be to exercise a super- intendence over the entire domestic economy of the hospital; to take charge of such delicacies as may be provided for the sick; to apportion them out as required; to see that the food or diet is properly pre- pared, and all such other duties as may be necessary. Two assistant matrons, at a salary not to exceed $35 per muonth each, whose gen- eral duties shall be to superintend the laundry; to take charge of the clothing of the sick and the bedding of the hospital; to see that they are kept clean and neat, and perform such other duties as mnay be necessary. Two ward matrons for each ward (estimating 100 patients for each ward), at a salary not to exceed $30 per month each, whose general duties shall be to prepare the beds amid bedding of their respective wards; to see that they are kept clean and in order; that the food or diet for the sick is carefully prepared and furnished to * Omitted. 14 R RSERIES Iv, VOL I Page 210 210 CORRESPONDENCE, ETC. them; the medicine administered, and. that all patients requiring careful nursing are attended to, and all such other duties as may be necessary. One ward-master for each ward (estimating 100 patients for each ward), at a salary not to exceed $25 per month each; and such other nurses and cooks, male or female (giving preference to females when their services may best serve the purpose), at a salary not to exceed $25 per month each, as may be necessary for the proper care of the sick. These attendants to be paid monthly, on hospital monthly rolls, by the Quartermasters Department, and to be removed, when expedient, by the medical officer in charge. Other attendants, not herein provided for, necessary to the service shall be allowed, as now provided by law. 9. If a sufficient number of nurses and ward-masters, not liable to military service, cannot be employed, and it shall become necessary to assign to this duty soldiers in the service, then, upon the requisi- tion of the medical officer in charge of a hospital, the soldiers so assigned, who are skillful and competent, shall be permanently detailed to this duty, and shall only be removable for neglect or inat- tention, by the medical officer in charge. 10. Hospitals will be known and numbered as hospitals of a partic- iilar State. The sick and wounded, when not injurious to themselves, or greatly inconvenient to the service, will be sent to the hospitals representing their respective States, and to private or State hospitals representing the same. 11. The Quartermaster-General will have arrangements made with the railroad companies to reserve seats in one or more cars, as niay be necessary, for the use of the sick and wounded soldiers and their attendants to be transported, and until they are seated to prevent other persons from entering those reserved cars; and also to require conductors of the trains to provide for the use of the sick and wounded in the reserved cars a sufficient quantity of pure water. 12. Medical officers in charge of hospitals will detail an attendant to accompany the sick and wounded, furloughed, (liseharged, or trans- ferred to railroad depots, to see that they are cared for and provided witl~ seats in the reserved cars. By order: S. COOPER, Adjutant and Inspector General. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, N. U, November 25, 1862. His Excellency President DAVIs: DEAR SIR: In accordance with my recommendation the Legislature has determined to raise 10,000 men to assist iii the winter campaign. I am requested by the military committee to write Your Excellency to know if it will be possibleto get any assistance in arms and muni- tions from the Confederacy, and also if Your Excellency would object to the State organizatiomi embracing the remainder of the conscripts under thirty- five years of age. The reason for asking the latter ques- tion is because it is thought that the State authorities could get out a considerable nummiber of that class which the Confederate officers would not be able to reach. Please to answer at once, as the commit- tees actiomi will await your reply, and time is everything. Very respectfully, your obediemit servamit, Z. B. VANCE Page 211 211 CONFEDERATE AIJTIIORITIES. RICHMOND, VA., November 26, 1862. Governor J. E. BROWN, of Georgia: SIR: The present condition of public affairs induces me to address this circular to the Governors of the several States on a subject of vital importance to our people. The repeated defeats inflicted on the Federal forces in their attempt to conquer our country have not yet sufficed to satisfy them of the impossibility of success in their nefari- ous design to subjugate these States. A renewal of the attempt on a still larger scale is now in progress; but with manifest distrust of success in a warfare conducted according to the usages of civilized nations, the United States propose to add to the enormous land and naval forces accumulated by them, bands of such African slaves of the South as they may be able to wrest from their owners, and thus to inflict on the non-combatant population of the Confederate States all the horrors of a servile war, superadded to such atrocities as have already been committed on numerous occasions by their invading forces. To repel attacks conducted on so vast a scale the most ener- getic action of every department of the Government is directed; but appreciating the great value of the cordial co-operation of the differ- ent State governments, and with unfaltering reliance on their patri- otism and devotion to our cause, I earnestly appeal to theiii for all the aid it may be in their power to extend to the officers of the War Department in the discharge of their duties within the several States, and for their co-operation in the following important particulars: First. In the enrollment of the conscripts and the forwarding of them to the proper points of rendezvous. Second. In restoring to the Army all officers and men now within the States absent without leave, or whose term of absence has expired, or who have recovered from disability and are now able to return to duty. Third. In securing for the use of the Army all such necessary sup- plies as exist within the States in excess of the quantity indispensable for the support of the people at home. Prompt action in these mat- ters wilt save our people from very great suffering, will put our Arniy on a condition to meet the enemy with decisive results, and thus secure for us an early and honorable peace on the basis of recognized independence. In addition to the above urgent matters I beg respect- fully to ask the aid of the Executives of the several States in recoin- mending to the several Legislatures such legislation as will enable the Governor to command slave labor to the extent which may be required in the prosecution of works conducive to the public defense also the adoption of some means to suppress the shameful extortions now practiced upon the people by men who can be reached by no moral influence, and who are worse enemies of the Confederacy than if found in arms among the invading force. The armies in the field, as well as the families of the soldiers and other of the people at home, are the prey of these mercenarie~, and it is only through State action that their traffic can be repressed. Their punishment is ardently desired by every patriot. I am, very respectfully, your obedient servant, JEFFERSON DAVIS. (Same to Governors R. Hawes, of Kentucky; H. M. Rector, of Arkansas; F. R. Lubbock, of Texas; C. F. Jackson, of Missouri; I. G. Harris, of Tennessee; John Letcher, of Virginia; J. G. Shorter, o Page 212 212 CORRESPONDENCE, ETC. Alabama; John J. Pettus, of Mississippi; F. W. Pickens, of South Carolina; John Milton, of Florida; Z. B. Vance, of North Carolina, and Thomas 0. Moore, of Louisiana.) CONFEDERATE STATES OF AMERICA, DEPT. OF JUSTICE, Richmond, Twa., November 26, 1862. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have the honor to acknowledge the receipt of a dispatch (telegraphic) from Lieut. Col. E. D. Blake, addressed to General Cooper, sent by you for my opinion. The question submitted is whether the term army supplies in the exemption law is general, or does it apply only to the Ordnance Department. I suppose refer- ence is here made to that portion of the exemption law which declares that all artisans, mechanics, and employ~s in the establishments of the Government for the manufacture of an, ordnance, ordnance stores, and other munitions of war, saddles, harness, and arumy sup- plies, who may be certified by the officer in charge thereof as necessary for such establishments, are exempt from military service in the armies of the Confederate States. The language used as well as the comitext shows that the term army supplies~~ is used in its general sense, and not confined to ordnance stores or other things made in the Ordnance Department. By the terms of the act quoted the army supplies contemplated must be manufactured in the establishments of the Government, nuder the charge of an officer appointed by the Govermiment. Whatever these army supplies may be, if manufactured in the establishmuents belong- ing to and under the control of the Government by artisans, muechan- ics, or other employ~s of the Government, they are covered by the law, and the artisans, mechanics, and employ4s in their establish- ments, if certified to be necessary by the officer in charge of such establishments, are exempt from military service of the Confederate States. The next clause to the one quoted has reference to artisans, mechanics, and employ& in establishments owned by others than the Government, under contracts with the Goverumnent, in furnishing arms, ordnance, ordnance stores, amid other munitions of war. This clause is subject to a proviso, which places it nuder the control of the chief of the Ordnance Bureau, and this clause is confined strictly to the Ordnance Department. I have the honor to remain, very respectfully, your obedient servant, T. H. WATTS, Attorney- General. EXECUTIVE DEPARTMENT, Hon. JAMES A. SEDDON, 3lontgornery, Ala., November 26, 1862. Secretary of War, Richmond: SIR: I inclose you herewith a copy of resolutions of the Alabama Legislature approved 25th November, declaring tIme liability of our militia officers to military duty under the conscription act, and on yesterday I telegraphed to you to the same effect, as follows: Alabama Legislature has resolved that militia officers are liable to enrollment as conscripts. This will surprise many, and if permissible I ask that they may have thirty days to volunteer into companies in service prior to 16th day of April last Page 213 CONFEDERATE AUTHORITIES. 213 The spirit of our Legislature is fully up to the emergency of the crisis and the members are fully determined to remove every obstacle which might impede the action of the Confederate Government in the defense of the country, and are now engaged in the consideration of acts which will no doubt pass releasing from the operation of the cxemption act large classes of our State officers amid declaring them liable tomilitary duty. Many of these officers will be taken 1)y sur- l1ise at the announcement of their liability, and in view of this fact and of the determination of the Legislature, reflecting the disposition and feeling of our people, I respectfully suggest that it will be but a fair return that the militia and other State officers thus affected may be allowed thirty days to volunteer in regiments, & c., organizcd and in service prior to the 16th April, 1862. This will but place them on a footing with others who have heretofore been liable and lLn(lcr the enforcement of the conscription act more easy for the enrolling officers. Very respectfully, your obedient servant JNO. GILL SIIORTER. Governor of Alabama. [Indorsement.] DECEMBER 4, 1862. The ADJUTANT-GENERAL: I send the order giving the thirty (lays, as sliggestc(l by (4overiioi Shorters letter. J. A. S., Secretary of War. [inclosure.] JOINT RESOLUTIONS in relation to the liability of militia officers of this State to enrollment under the conscription acts of the Confederate States. 1. Be it resolued by the Senate au(l ho use of Representatives of the State of Alabama in General Assembly eouverle(l, rrhat in the opinion of this General Assembly muilitia officers of this State between the a~s of eighteen and forty-five years are now subject to enroll- mnent under the conscription acts of the Confederate States, unless exempt on somne other groun(l titan that they are militia offlcem~s. 2. Be it resoired farther, That if there be any law of this State which has been or may be construed to exemupt such officers from the operation of said conscription acts the samne is hereby declared to be inoperative to that extent. 3. Be it resolved farther, That His Excellency the Governor be, and he is hereby, requested to transmit a copy of these resolutions to the Secretary of War of the Confederate States. Approved November 25, 1862. OFFICE OF SECRETARY OF STATE, 3Thn tyomery, Ala., November 26, 1862. I, P. II. Brittan, secretary of state of the State of Alabama, hereby certify that the foregoingis a true and correct copy of the joint reso- lutions of the Alabama Legislature, approved November 25, 1862, as taken from the original rolls on file in my office. Given under my hand and time great seal of the State this 26th day of November, 1862. [SEAL.] P. H. BRITTAN, Secretary of State Page 214 214 CORRESPONDENCE, ETC. A PROCLAMATION BY THE GOVERNOR OF NORTH CAROLINA. Whereas, in order to stop, if possible, the wicked system of specu- lation, which is blighting the land, and prevent the production of famine in the midst of plenty, the Legislature of North Carolina, by a joint resolution thereof, ratified on the 22d day of this month (November), have authorized me to lay an embargo upon the exporta- tion from the State of certain articles of prime necessity, except to certain persons and for certain purposes: Now, therefore, I, Zebulon B. Vance, Governor of the State of North Carolina, do issue this my proclamation, forbidding all persons, for the space of thirty days from the date thereof, from carrying beyond the limits of the State any salt, bacon, pork, beef, corn, meal, flour, potatoes, shoes, leather, hides, cotton cloth, and yarn and woolen cloth. The following persons are alone to be exempted from the pro- hibition, viz: All quarterm~isters and commissary agents of the Con- federate Government, and of any State of the Confederacy, exhibiting proper evidence of their official character; also all agents of any county, district, town, or corporation of other States who shall exhibit satisfactory proof of their authority to purchase such articles in behalf of such town, county, district, or corporation for public uses or for distribution at cost and transportation, and not for resale or profit; also all persons who make oath before the nearest justice of the peace that the articles purchased are for his own private use, and not for resale, before they are removed; also all persons, non-residents, who may have bought such articles before the date hereof. The exception is to extend to salt made by non-residents on the sea-coast and in their own works, and to cargoes entering any of our ports from abroad. Any of said articles that may be stopped in transitu from our borders are to be confiscated to the use of the State. Until further orders the colonels of militia in the different counties are enjoined to see that this proclamation is enforced. Not intending or desiring to prevent the people of our sister States from sharing with our own citizens what- ever we can spare, but to repress speculation so far as may be possible, I ear~stly appeal to all good citizens to aid and sustain me in the enforcement of this proclamation for the coming good. In witness thereof, I, Zebulon B. Vance, Governor, captain-general, and commander-in-chief, hath signed these presents and caused the great seal of the State to be affixed. Done at our city of Raleigh this 26th day of November, A. D. 1862, and in the year of our independence the eighty-seventh. [SEAL.] Z. B. VANCE. By the Governor: R. II. BATTLE, JR., Private Secretary. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 96. Richmond, November 27, 1862. Commandants of conscripts will cause the following order to be published for at least seven times in a sufficient number of newspapers in each State of the Confederacy to insure its reaching every part of the country: I. All commissioned officers and enlisted men who are now absent from their commands from any other cause than actual disability o Page 215 CONFEDERATE AUTHORITIES. 215 duty under orders from the Secretary of War or from their depart- ment commanders will return to their commands without delay. II. Commissioned officers failing to comply with the provisions of the foregoing paragraph within a reasonable length of time, in no case to exceed twenty days after the publication of this order, shall be dropped from the rolls of the Army in disgrace, and their names will be furnished to the commandant of conscripts for enrollment in the ranks. III. All enlisted men who shall fail to comply with the provisions of paragraph I of this order within a reasonable length of time shall be considered as deserters and treated accordingly, their names to be furnished to the commandant of conscripts in their State for publica- tion or such other action as may be deemed most efficacious. IV. In order to insure the efficient co-operation of all concerned to carry this order into immediate effect, department commanders are directed to require from the commanding officer of each separate command in their departments a prompt report of the names of all commissioned officers and enlisted men now absent from their com- mands. These reports must state in each case the cause of absence, and any regimental, battalion, or company commander who shall neglect to furnish such a report, or who shall knowingly be guilty of concealing any case of unauthorized absence, shall, on conviction thereof, be summarily dismissed. V. Under the provisions of the second clause of paragraph II of General Orders, No. 82, commissioned officers and privates who are incapable of bearing arms in consequence of wounds received in battle, but who are otherwise fit for service, are required, if not otherwise assigned, to report to the nearest commandant of conscripts in their respective States, who will, if they are fitted for such duty, assign them to the collection of stragglers and the enforcement of the provisions of this order, with full powers to call upon the nearest~ military authority for such assistance as may be necessary thereto. VI. Officers of the Quartermasters Department charged with pay- ment of troops are hereby directed not to pay any commissioned officem~ non-commissioned officer, or private who does not furnish satisfactory evidence that he is not liable to the penalties described in the foregoing order. Any disbursing officer who shall make pay- ment in violation of this order shall be liable on his bond for the amount of such payment. By order: S. COOPER, Adjutant and inspector General. hEADQUARTERS DISTRICT OF EAST FLORIDA, Tallahassee, November 27, 1862. Liriox Gen. THOMAS JORDAN,. Chief of Staff and Assistant Adjutant-General: SIR: I have reason to believe that the duty of enrolling conscripts under the law in this Stat~ is being neglected by the officers appointed in each county for that purpose. The camp of instruction has been established some four months, and I am informed there are now more than 140 present. This, with 44 sent from camp to the gun-boat Chattahoochee, would make a total of less than 200 sent up from the several counties in the State. Some counties I understand have fur- nished none. So long as the duty of enrolling conscripts is intruste Page 216 216 CORRESPONI)ENCE, ETC. to State officers, who are in some instances aspirants for political pre- ferment, there is reason to believe that it will be neglected. It is true that there are not a great maiiy conscripts in the State, Florida having furnished for Confederate service a number equal to her entire voting population, but it is due to the brave men who have so promptly vol- unteered for the defense of the country that those subject to the law should be enrolled and placed in the service. I think Ilis Excellency Governor Milton is satisfied that the law is inefficiently executed, and that if called upon by the Secretary of War he would have no objec- tion to the appointment of Confederate officers or the detail of suit- able non-commissioned officers or privates for the enrollment of con- scripts in this State. I respectfully submit the matter through the commanding general for the consideration of the 1-lonorable Secretary of War. I have the honor to be, general, with great respect, your obedient servant, JOSEPh FINEGAN, Brigadier- General, Commanding. [Indorsernent.] HDQRS. DEPT. OF SOUTH CAROLINA, GEORGIA, AND FLORIDA, Charleston, S. C., December 3, 1862. Approved and respectfully forwarded for the information of the War Department and such instruction as it may think proper to give. G. T. BEAUREGARD, General, Commanding. EXECUTIVE OFFICE, Richmond, Va., AToreinber 28, 1862. Col. WILLIAM M. BROWNE, Aide-de- Camp to the President: COLONEL: You will proceed with all convenient dispatch to Mill- edg~ville, Ga., and present to his Excellency Governor Brown the letter which you will find herewith. * You will confer with the Gov- ernor in relation to the subject of this letter, an(l represent to him the existing necessity for the adoption of active measures to send for- ward recruits to fill the thinned ranks of the regiments from Georgia, now in the field, and hoping that the decision of the suprcme court of Georgia may be regarded as conclusive of the constitutional ques- tion presented, assure him of the pleasure it will afford inc to have his co-operation in attaining this important object. After you have seen the Governor, you will put yourself in communication with the comman(lants of camps of enrolled recruits in Georgia, personally inspect their commands, and report to inc the numbers of men enrolled and liable to conscription, and such other facts in relation thereto as may be requisite for better comprehension of the case. You will also inquire into the subject of supplies for the Commissary and Quartermaster Generals Departments, and with this view you will confer with such officers of these departments in Georgia as you may think proper. When you have concluded the above-mentioned duties you will return and report in person to me. Very respectfully, JEFFERSON DAVIS. *See November 26, p. 211 Page 217 CONFEDERATE AUTHORITIES. 217 CIRCULAR.] ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, November 29, 1862. Silt: Your attention is directed to the second clause of paragraph IV, General Orders, No. 82, from this office (copy herewith*), which, among other things, directs that in a given contingency a commis- sioned officer for each Congressional district, and a non-commissioned officer or private for each county, city, town, district, or parish, will be assigned to the duty of enrollment of conscripts under the com- maiidant of ~onscripts. rVhe same paragraph requires that in making such assignments officers and men disabled by wounds from active duty in the field, and acquainted with the localities in which they are required to serve, will be selected as far as practicable, and further, that coin- manding officers in the field will order such commissioned officers and non-commissioned officers and privates as they think qualified to be enrolling officers or drill officers, and who are unfit for active service in the field, to report to the commandant of conscripts in their respective States, who will order such of them to duty as may be reqnired and report the remainder by letter to the commanding general as not needed for such service. For your information and guidance a list of the commandants of conscripts for the several States and their stations is forwarded here- with. ~ By General Orders, No. 96 (a copy of which you will receive as soon as printed),~ commissioned officers and privates who are inca- paNe of bearing arms in consequence of wounds received in battle, but who are otherwise fit for service, are required, if not otherwise assigned, to report to the nearest commandant of conscripts in their respective States, who will, if they are fitted for such duty, assign them to the collection of stragglers, & c. The importance of this subject must be obvious, and until the selections and assignments required are made it will be impossible to put the regulations which have been adopted for the collection of conscripts into efficient operation. Thecall made upon you in my letter of 25th instant for a list of disabled officers was, as then indicated, to assist in details for courts- martial, and incidentally for any exigencies that might arise in the enforcement of the conscript law. Keeping this in view no embar- rassinent will be experienced on either subject. I am, & c., S. COOPER, Adjutant and Inspector General. EXECUTIVE OFFICE, Richmond, Va., November 29, 1862. His Excellency Governor BROWN, of Georgia: DEAR SIR: My aide-de-camp, Col. William M. Browne, will hand you the inclosed circular letter addressed by inc to the Governors of the several States. ~ I ha:ve directed Colonel Browne to confer with you in relation to the subject of this letter, in the hope that by personal interview time may be gained in tile accomplishment of the important results which I desire to attain. Respectfully and truly, yours, JEFFERSON DAVIS. *See p. 164. tNot found. 18cc p. 214. gSee November 26, p. 211 Page 218 218 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., November 2P, 1862. His Excellency J. E. BROWN, Governor of Georgia, lkliilledgeville, Ga.: SIR: The Department is informed that an act has passed the Legis- lature of Georgia prohibiting the distillation of whisky, and the Corn- inissary-General having made contracts for a large amount of that article in your State, I have the honor to request that such contracts may be excepted from the operation of the law. I have also to ask that, if consistent with your sense of public duty, yon will allow the officers of the Commissary Bureau to continue their arrangements to the extent of 250,000 gallons of whisky without removing the distil- leries twenty miles from any railroad, such permission being deemed important to the public service. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., November 29, 1862. Lieutenant-General PEMBERTON, Gommanding: GENERAL: An act of the last Congress authorizes the President to accept the services of companies, to be organized into regiments or battalions under the act of May 8, 1861, under his direction, to be composed of men who reside in those portions of the country in which the law of conscription cannot be enforced. The island of New Orleans and the parishes on the river below New Orleans are subject to this act. In case, therefore, that companies are organized of the legal size, composed of inhabitants of these districts and suitably sup- plied with officers, they will be accepted by this Department; but it must be understood that the conscription law cannot be relaxed in the dis~icts in which it can be executed. There have been many appli- cations to this Department for leaves to raise companies, and this will serve as an answer to such applications. By order of the Secretary of War: J. A. CAMPBELL, Acting Secretary of War. RICHMOND, VA., November 29, 1862. His Excellency Z. B. VANCE, Raleigh, N. C.: SIR: Your letter of the 10th instant suggesting the exemption from military service by direct Executive action of all those charged with the private custody of lunatics and idiots has received careful atten- tion. The clause in the exemption act authorizing the Executive to extend the benefit of the act to cases not specified in it was intended to operate upon individuals and not classes; and in the present reduced condition of so many regiments it is necessary that the law should be rigidly construed. I regret that I cannot consistently adopt your suggestion. Very respectfully and truly, JEFFERSON DAVIS Page 219 CONFEDERATE AUTHORITIES. 219 GENERAL ORDERS,~ ADJT. AND INSP. GENERALS OFFICE, No. 97. Richmond, December 1, 1862. I. Officers of the Quartermasters Department are expressly pro- hibited from visiting the seat of government for the purpose of obtaining supplies. The usual mode of effecting these objects by requisition is deemed sufficient, and iio deviation from the established rules of the service in this respect will be permitted without the previous sanction of the Quartermaster-General, obtained through the regular channel of coin- in unication. II. Officers and agents of the Quartermasters Department are hereby ordered not to interfere with leather purchased or contracted for by officers or agents of the Ordnance Department. By order: S. COOPER, Ad)utali t (Ifi d In spector Gen ered. JOINT RESOLUTIONS in relation to the war debt of the Confederate States. Whereas, the Government of the Confederate States is involved in a war for the independence of each of the States of the Confederacy, as well as for its own existence; and whereas the destiny of each State of the Confederacy is indissolubly connected with that of the Confederate Government; and whereas the Confederate Government cannot successfully prosecute the war to a speedy and honorable peace without ample means or credit: Be it therefore Resolved by the Senate and the Hoase of Representatives of the State of .1 labama in General Assembly convened, rrhat in the opinion of this General Assembly it is the duty of each State of the Confederacy, for the purpose of sustaining the credit of the Confederate Govern- ment, to guarantee the debt of that Government in proportion to its representation in the Congress of that Government. Resol~ed further, That the State of Alabama hereby proposes to her sister States of the Confederacy to guarantee said debt on said basis, provided that each of the said States shall accept the proposi- tion and adopt suitable legislation to carry it into effect, in which event these resolutions shall stand as the guaranty of this State for the aforesaid proportion of the debt of the said Confederate Govern- mnent. Resolved further, That His Excellency the Governor be, and is hereby, requested to transmit a copy of these resolutions to the Gov- ernor of each State of the Confederacy and to the Presidemit of the Confederate States. Approved December 1, 1862. MILLEDGEVILLE, December 1, 1862. lion. J. A. SEDDON: You will greatly oblige me if you will inform me whether [the] order of Mr. Randolph to Major Dunwody not to enroll the commissioned officers of the militia of this State has been canceled and whether the enrollment as conscripts has beemi ordered. An early reply is respect- fully solicited. JOS. E. BROWN Page 220 220 CORRESPONDENCE, ETC. [First indorsement.] Adjutant-General report. has the order referred to been canceled? J. A. S., Secretary. [Second iiidorsenient.] ADJUTANT AND INSPECTOR GENERALS OFFICE, December 5, 1862. Respectfully submitted to the Secretary of War. There is no evidence in this office of the original order referred to. JASPER S. WhITING, 2liajor (Ifl (I Assistant A(~jutan 1-General. [Third indorsernent.] WAR T)EPARTMENT December 8, 1862. No such order appears upon the records of this office. R. G. II. KEAN, Chief of Bureau of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 2, 1862. lion. E. S. DARGAN, Mobile, Ala.: SIR: Yonr letter of the 26th ultimo relative to the cases of Beck- ham and Stallworth have been received. Cases founded upon the misery and confusion of families, when poverty, infirmity, disease, bereavement, neglect of business, and family distress in aggravated and sometimes in combined forms plead for the discharge of a soldier from the service, are abundant in this Department. But the fact that every army we have in the field is opposed by a superior force and that the fate of the Confederacy is suspended upon the events of a few weeks is the only answer that can be made to considerations of tlm~t nature. The cases you present for exemption must be deter- mined by the written law. The opinion of the Department is that the conscription acts and their complements, the exemption acts, do not operate to discharge persons from the Army who have been enlisted for the war. The act of April 16 was executed to provide for the further defense of the country. Its declared object is in view of the exigencies of the country and the absolute necessity of keep- ing in the service our gallant Army and of placing in the field a large additional force, & c. It enacts that the President be, and lie is hereby, authorized to call out and place in the military service * * * for three years * * * all white men who are residents * * * between the ages of eighteen and thirty-five at the time the call or calls may be made, who are not legally exempted from military serv- ice. The conscription a~t of October 11 enacts in similar terms that the President be, and he is hereby, authorized to call out and place in the military service of the Confederate States for three years * * * all white men * * * residents * * * between the ages of thirty-five and forty-five at the time the call or calls may be made, and who are not at such time or times legally exempted from military service. The act of 21st of April on the subject of exemption is the comple- ment to the act of A pril 16 on the subject of conscription. Th Page 221 CONFEDERATE AUTHORITIES. 221 orders for the call were issued 28th of April. The exemption act) of October was approved at the same time as the conscription act. The conscription act operates upon a portion of the population not belong- ing to the Army, and the exemption act applies to limit the generality of that act by a special reference to it. The disbanding of any por- tion of the Army or the discharge of individual soldiers from the specific contract for service under their enlistment is nowhere spoken of. On the contrary, the act of April with a strong hand retained men in the Army whose contract for service had expired, or would expire in a few days, without any reference to any exemption. The Department does not consider the exemption act of October as apply- ing to exempt persons called out and placed in service in April. The exemption was to exist at the date of the call, and that act was re- enacted unless the modification and repeal of that act was specially expressed by the act of October. These general views will explain the decision of the Department upon the case of Beckliam. lIe is in the Army under a contract of service. The police clause in the exemption act has no reference to the Army more than any other. It could hardly have been possible for Congress to propose that every owner of five, six, or twenty slaves (as the State laws may be) should retire from the service to take care of his domestic interests under the name of preserving the police of the country. It might be well that of those between thirty-five and forty-five a l)ortion should be retained to perform police duty and to guard the domestic tranquil- lity of the country. The case of Stallworth is one of hardship. If he is unable to perform duty he ought to be discharged; but the condition of his body must be decided by officers appointed for that purpose by law. his resionation discharged him from the contract of enlistment or for service as contained in his original muster, but on returning to civil life the law operated on him as to others in civil life. If lie is between time ages of eighteen and thirty-five, as is implied, the act of April operates upon him, and the Presidential call, unless it is lim- ited, embraces him. He would not be entitled to apply the exemption act of October, for when the call for service was made the exemption did not ~xist. But these views are communicated not as a decision of the case, bitt as suggestions to prepare it. Article X, page 14, as per Orders 82, shows that the facts should be exhibited to the enrolling officer, and that it comes here by appeal from the camp of instruction. A copy of those orders is inclosed.* By order of the Secretary of War: Very respectfully, J. A. CAMPBELL, Assistant Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 2, 1862. J. D. BURDETT, Esq., Enrolling Officer: SIR: Your letter of the 24th ultimo has been received. rrhe Depart- ment found very early that the exemption granted to firemen in Augusta was a mistake. Applications for exemption and abuse of that privilege of exemption was discerned to be an inevitable conse- quence. The Department has refused the privilege to Atlanta and *Seep 160 Page 222 222 CORRESPONDENCE, ETC. Columbus within a very few days, and is now compelled to revoke the privilege conceded to Augusta. Firemen are not included in the exemptions specified in the act of October 11 on that subject. Classes of men quite as necessary to the well-being of a community are not exempt; and the action of the Department in allowing such an exemp- tion is questionable in point of law, and cannot but promote discon- tent among the people. You will, therefore, proceed to enroll persons as conscripts without reference to any exemption or claim to exemp- tion as firemen. The rule that has been applied in other cities must be adopted for Augusta. For Secretary of War. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistan t Secretary of War. CONFEDERATE STATES NITER AND MINING BUREAU, Richmond, December 3, 1862. Hon. J. A. SEDDON, Secretary of War: SIR: Your attention is respectfully requested to the Government niter service. When called upon to organize this service the super- intendent submitted, among other essentials to a rapid and certain increase of supplies, that the officers appointed or detailed should possess special qualifications; the agents to be active business men of good standing; the laborers able-bodied men, and from the generally exposed service that the larger proportion must come from army details, conscripts, and free negro impressments; 3,000 was named as a maximum, including slave labor wherever it could be used. This was approved and the necessary orders were issued. A printed copy of the more important is inclosed. * Work was fairly commenced in May last, and up to the close of October the Bureau returns gave for niter produced and collected, 200,820 pounds; niter from Mexico dcliv- er~d east of the Mississippi, 38,000 pounds; total, 238,820 pounds. Nitrified material in niter sheds, 120,000 cubic feet, and increasing rapidly. Correct returns from the several ordnance officers for Euro- pean niter imported have not been all received, but the entire impor- tation probably exceeds the home production. The per diem yield of this production has steadily increased from 200 pounds in April to somewhat over 2,000 pounds in October. This yield very nearly meets the present demands of the service, if not quite. The labor return of force engaged in the production of niter and the supervision of lead mining and sulphur for October gave 1,117 white employ6s, including agents, clerks, contractors, and laborers, in all the niter districts. The office employ6s are generally exempts, from physical disability and other causes,, but the field or outside force are within conscript age, and necessarily, for the work and localities demand it. A large number of free negroes impressed, together with about 200 slaves, compose the residue of the working force. During the winter the demands for powder must increase from the more frequent use of heavy ordnance. Arrivals from abroad are likely to decrease, and from the shorter days and inclement weather the home production is more likely to diminish than increase. * Not found Page 223 CONFEDERATE AUTHORITIES. 223 The incursions of the enemy are becoming serious. In the Pendle- ton district several of our establishments have been broken up, ket- ties smashed, some of the workmen taken prisoners, and all dispersed. The yield for November in this and the adjoining Greenbrier district will be reduced from this cause at least 10,000 pounds. In Tennessee and Upper Alabama our works are frequently interrupted and in a recent case with loss of life. With reference to this, authority has been asked to organize and arm the working forces for their own pro- tection. An order issued authorizes a company of sixty-four non- conscripts to be raised and detailed to guard the Santa Cave. It is respectfully submitted, however, that the Government interests will be better met by making the workmen guard their own works under an organization similar to sappers and miners. As an important precedent the reconsideration of this order is requested. On the army movements of Tennessee and Virginia during the present month depend at least 40 per cent of our home niter production. The supply of powder and saltpeter now on hand is considered ample for all con- tingencies of three mouths, and probably for the winter. But the sup- ply thereafter becomes the subject of concern, and it is recommended that the closest economy be directed in issues for coal mining and railroad work. It only remains to press production from domestic sources in the interior districts. The most earnest efforts have been made by publication, printed and personal appeals, from influential sources, sending agents to instruct families and to collect, but with discouraging results. Our planters and people in the several States from Virginia to Mississippi, in all of which niter districts have been organized, do not sufficiently respond to dispense with Government work and, in part, conscript labor. This is now reluctantly, and with great effort to avoid it, submitted as a necessity for a future supply at all approaching army wants. I have respectfully to request a general order directing the extension of niter production in the interior districts of North Carolina, Georgia, and Alabama, and, if operations are thus to be extended, authorizing the use of conscript labor where indispensably needed. W~ry respectfully, your obedient servant, I. M. ST. JOHN, ]JJjcij() ~ and Superintendent. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, NITER AND MINING BUREAU, Richmond, December 3, 1862. Hon. J. A. SEDDON, Secretary of War: SIR: In connection with an official communicatiQn of this date I iespectfully call your attention to the frequent communications fioiu enrolling officers on the ~ubject of conscript labor in the niter service; also to the official indorsements on the letter of Major Swanson, Camp Watts, November 19, and Major Mallett, Raleigh, November 8. Under past orders from the Department contracts have been made and details granted from the Army and from conscripts. To guard against possible abuse of these exemptions, all niter agents have been instructed to assess every individual holding a certificate at a reasonable per diem of work, to report cases of non-compliance to th Page 224 224 CORRESPONDENCE, ETC. nearest enrolling officer, and otherwise to facilitate the discharge of his duty. These instructions have been obeyed to the extent of my official information. It is certainly the case that many attempts have been made by designing men to avoid military service through niter as well as through commissary, ordnance, and other contracts of the service, and whatever ground there really exists for complaint comes from this source. But in no one instance thus far has any agent of this Bureau been found to be improperly connected therewith. One case is now under official investigation upon specified charges called for from the office complaining. The number of these communica- tions is owing to the frequent change of the enrolling and recruiting officers and their entire misapprehension of the nature and wants of the niter service. Previous to the issue of Order 66 our workmen were forcibly taken from niter works, and three times from one of the Virginia caves. Frequent apologies have been made for wrong done when facts were ascertained, and in one case by a general command- ing department. But I regret to perceive froni an official indorse- ment of Judge Campbell, referred to, that the amende does not reach the office which files these complaints, and that a misapprehension injurious to the service and unjust to the officers of this corps is fast gaining ground, viz, that the niter service if not an evasion of public duty is at least of secondary importance. With two or three unimportant exceptions, appointments in the Niter Corps as officers or agents were not solicited but were tendered; in several cases, upon an appeal from the superintendeiit, higher rank and more desirable service have beemi given up. I am sure that I speak for all the officers of this Bureau, in saying that they continue their present employment only under a sense of duty, and they do not wish to continue one moment longer than their services are con- sidered more valuable in producing munitions of war than in the ranks. It is therefore respectfully requested that the Department intimate by a general order whether this service is of sufficient importance to be continuedthough conscript labor be necessary. Also, whether the labor necessary to produce saltpeter shall stand on the same footing as to exempts with that in ordnance shops and foundries, or otherwise. Very respectfully, your obedient servant, I. M. ST. JOhN, ]Ijliajor and Swperintendent. [Indor8ement. 1 In transmitting this commnumiication I deem it just to the office of the Niter Bureau to say that whatever suspicion is now cast upon their service is probably due to irregularities existing prior to the organization of the Bureauirregularities which they have labored successfully to correct in must cases. It was reported to me that an officer of the Subsistence Department in North Carolina undertook to give niter contracts to his neighbor, without the shadow of authority, and that he gave exemptions upomi such contracts. Such unauthorized action it has been the duty of this corps of officers to correct, but they have nevertheless borne a portion of the odium arising from them. I commend the suggestion of Major St. Johmi to special attention. J. GORGAS, Colonel Page 225 CONFEDERATE AUTHORITIES. 225 GENERAL ORDERS,~~ ADJT. AND INSP. GENERALS OFFICE, No. 98. Richmond, December 3, 1862. Col. William M. Wadley, assistant adjutant-general, is hereby specially assigned to take supervision and control of the transporta- tion for the Government on all the railroads in the Confederate States. 1. He is empowered to make contracts for transportation with said railroads, or any of them, and such negotiations and arrangements with them as may be requisite or proper to secure efficiency, har- mony, and co-operation on the part of said railroads, or any proper number of them, in carrying on the transportation of the Government. 2. He will take direction of all agents or employ6s engaged by the Government in connection with railroad transportation; will retain, engage, or dismiss such as may be requisite, and take charge of and employ all engines, machinery, tools, or other property of the Govern- ineut owned or used for railroad transportation; and may exchange, sell, or loan such machinery with or to any railroad company to facilitate the work of transportation; and may generally assist and co-operate with the railroads in effecting the work of transportation. 3. The better to accomplish such ends, he may require co-operation and assistance to such an extent as can be reasonably granted by the Quartermaster and Commissary Bureaus; and may apply for details from the Army of such artisans, mechanics, and workmen as may be necessary to facilitate the due accomplishment of his duties. 4. He will report, through the Adjutant and Inspector General, to the Secretary of War. By order: S. COOPER, Adjmtwd (1 td in~pecto r General. T)ALTON, Decentber 3, 1862. Hon. J. A. SEDDON, Secretary of War: I beg leave to repeat my telegram of 1st instant. You will greatly oblige me if you will inform me whether the order of Mr. Randolph to Major Dunwody not to enroll the commissioned officers of the militia of this State has been annulled, and whether the enrollment as con- scripts has been ordered. An early reply is respectfully solicited. JOS. E. BROWN. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 3, 1862. His Excellency Z. B. VANCE, Governor of Nort1~ Carolina: SIR: Your letter to the President informing him of the prospect of a law for the raising of 10,000 men in your State to assist in the winter campaign, and asking to b~ informed whether any assistance in arms and ammunition may be expected from the Confederation, and also to know whether objection would be entertained to the State organization embracing the remainder of the conscripts under thirty- five years of age, has been referred by him to this Department. In reply I have 15 R RSERIES IV, VOL I Page 226 226 CORRESPONDENCE, ETC. to say that it is hoped the assurances generally given a few days since to a committee of your Legislature in a conference with the President will have inspired the fullest confidence in the desire of the Presi- dent and this Department to do all in the power of the Government for the defense of your State, and with that end to co-operate with and advance the laudable efforts of your authorities to add to existing forces. Still, while every disposition will exist in this Department to afford arms and munitions to such State forces as may be raised, yet, in view of possible contingencies under the exigencies of the service, the Department cannot feel certain of having arms and munitions at command, and can come under no positive engagement to supply them. I am instructed, too, to say that the President does not feel author- ized, under the existing provisions of the conscript law, to relinquish claim on any of the persons who are made subject to its operation and liable to be called into the Confederate service. Only those beyond the prescribed ages or exempt nuder the law are, by the intendment of that law, subject to be recruited and organized for retention in State service; but most valuable assistance may, and it is hoped will, be rendered by the co-operation of the State authorities as well in the enforcement of that law as by the employment of those not subject to conscription, in swelling under State authority our means of defense. With assurances of the highest respect and esteem, Your obedient servant, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 4, 1862. His Excellency JOHN GILL SHORTER, Governor of Alabama: SIR: I have the honor to acknowledge your communication of November 26, inclosing a copy of the joint resolutions of the Senate ai~ZI House of Representatives of the State of Alabama, approved November 25, 1862. These resolutions impart great satisfaction to this Department. By devoting the officers of her militia to the serv- ice of the Confederacy, Alabama evinces now, as ever heretofore dur- ing the war, the high patriotic spirit with which she responds to all demands on the valor and resources of her people to achieve the com- mon safety and independence of the States. Such course must meet the grateful appreciation of the whole Confederacy and confer lasting honor on her in the records of history. This Department is too sen- sible of the sacrifices (involved by this act of disinterestedness) on the part of the officers subjected by the resolution not to respond most cheerfully to the suggestion made by Your Excellency to lighten them by allowing thirty days within which they may volunteer into companies in service prior ~o the 16th day of April last. The order shall be given accordingly. Accept assurances of the high consideration and esteem with which I remain, Most respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War Page 227 CONFEDERATE AUTHORITIES. 227 ORDNANCE BUREAU, Richmond, December 5, 1862. Hon. JAMES A. SEDDON, Secretary of War: SIR: The purchases of ordnance and ordnance stores in foreign markets on Government account are made by Maj. Caleb Huse, C. S. artillery, who resides in London, and whose address is No. 38 Claren- don Road, Notting Hill, London West. Major Huse was detailed for this duty in April, 1861. His instructions directed his attention chiefly to the purchase of small-arms, but his list embraced all the most necessary supplies. Under these instructions he has purchased arms to the number of 157,000 and large quantities of gunpowder, some artillery, infantry equipments, harness, swords, percussion-caps, saltpeter, lead, & c. In addition to ordnance stores, using a rare forecast, he has pur- chased and shipped large supplies of clothing, blankets, cloth, and shoes for the Quartermasters Department without special orders to do so. Of course a large proportion of his purchases have fallen into the hands of the enemy. To pay for these purchases funds have been from time to time sent to him by the Treasury Department, on requisitions from the War Department, amounting in the aggregate to $3,095,139.18. These have been wholly inadequate to his wants and have fallen far short of our requisitions. He was consequently in debt at latest advices to the amount of 444,850, a sum equivalent, when the value of exchange is considered, to $5,925,402 of our currency. While this capacity for running in debt is the best evidence of the ability of Major Huse, the debt is a matter that calls for immediate attention. An agent, Mr. Norman S. Walker, was lately dispatched with $2,000,000 in bonds of the Confederate States. The instructions to Mr. Walker direct him to return to Bermuda after the disposition of the bonds in England and after conference with M*ajor Huse. He is to remain there as a resident disbursing agent, an d is, in con- junction with Mr. S. G. Porter, charged with the transfer of the car- goes of the harriet Piuckney, now there, and other ships hereafter to arrive, to the ports of the Confederate States. It is respectfully urged that further and immediate steps should be taken by the Treasury Department to supply funds for the liquidation of this indebtedness. A large part of the cargoes have been landed at Nassau, and thence transmitted to the ports of the Confederate States in fast steamers. Their destination has lately been changed to Bermuda, where several most valuable cargoes are now awaiting transportation. It appears to me to be the appropriate dut~~ of the Navy Department to assist in the running in of these cargoes; but if the burden of it is to be borne entirely by the War Department it is highly important that light- draft steamers should be purchased and used solely for the trans- portation of cargoes from Bermuda. I have made this statement for the information of the Honorable Secretary of War, at the suggestion of the Assistant Secretary of War Page 228 228 CORRESPONDENCE, ETC. and respectfully call special attention to the subject of funds to be transmitted and to the transfer of stores from Bermuda here. Very respectfully, your obedient servant, J. GORGAS, Colonel and Chief of Ordnance. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 99. Richmond, December 5, 1862. The superintendent of the Niter and Mining Bureau is authorized and directed to press the home production of iiiter from plantation and domestic sources. Where indispensable the labor of conscripts is authorized in iiiterior districts, and details will continue to be made as at present; but officers and agents of the Bureau will exercise especial caution to use this labor as a last resort. Resignations in the Niter and Mining Corps must be placed upon the same footing with resignations in the line in front of the enemy. Faithfully executed, this service is second to no other engaged in the public defense. By order: S. COOPER, Ad/u/aid and Inspector General. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 285. ( Richmond, December 5, 1862. * * * * * * * XIV. Militia officers and other State officers of the State of Ala- bama who may be or have been declared by the Legislature of said State to be subject to conscriptiomi will be allowed thirty (lays to vol- unteer in regiments and companies organized and in service prior to April 16, 1862. * * * * * * * I~y conunand of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR I)EPARTMENT Licut. Cal. .1. B. WEEMS, Richmond, Decembcr 5, 1862. Corn rnall(ling, Calhoun, Ga.: Your letter of the 26th has 1)een reeeive(l. rrlle principal points to be attended to iii respect to the distribution of conscripts are disposed of in article No. 3, paragrapit VIII, of the Gemieral Orders, No. 82. The commandant of the conscripts by that paragraph will (letermnine the quota to which each regiment is entitled in order to fill it to its max- imum, and it is under his directiomi that time action contemplated in article 3, paragraph X, of the orders must be carried out. The prin- ciple of apportionment of conscripts is that of equality in propor- tion to their respective deficiencies, and it was not designed to disturb that rule of equality by permuitting the commanding general in the field to detail officers for the purpose of enrolling for particula Page 229 CONFEDERATE AUTHORITIES. 229 regiments, & c. There is no direction to the commanding general of a department or of an army to apply to this Department for a perinis- sion to detail officers to make enrollments. He may do so under the Orders 82 without such a permission. But the action of those officers is to be regulated by instructions from the commandant of conscripts, and they cannot make any disposition of them without his consent. rFhat disposition is subject to the rule before stated. The Ol)ject of the privilege conceded to the commanding general was not that he might appropriate a greater number of conscripts than others, but only by superior energy and activity he might obtain his quota with more rapidity than others. The paragraph, or paragraph X, with this explanation, will be intelligible. For the Secretary of War. Very respectfully, your obedient servant, J. A. CAMPBELL, Ass ist cut t Secrefurq of IYar. [DECEMBER 6, 1862.For Vance to Seddon, recommending delay in the (lestruction of cotton in the State of North Carolina, & c., see Series I, Vol. XVIII, p. 792.1 GENERAL ORDERS, ~ ADJT. AND INSP. GENERALS OFFICE, No. 100. Richmond, December 8, 18W?. I rfhe following act and regulations in reference thereto are pub- lished for the information of all concerned: AN ACT to repeal the law authorizing commutation for soldiers clothing, and to require clothing to be furnished by the Secretary of War in kind. The Congress of the Confederate States of America do enact, That so much of the existing law as provides commutation for clothing to the soldiers in the service of the Confederacy be, and the same is hereby, repealed; and hereafter the Secretary of War shall provide in kind to the soldiers, respectively, the uni- form clothing prescribed by the Regulations of the Army of the Confederate States; and should any balance of clothing be due to any soldier at the end of the year, the money value of such balance shall be paid to such soldier, according to the value of such clothing fixed and announced by order from the War Department. Approved October 8, 1862. II. In accordance with the above act of Congress no payment of commutation for clothing will be made for a period extending beyond October 8, 1862. When payment of said allowance has been made prior to the promulgation of this order, for a term which will not expire until after the date of this act, issues of clothing in kind will be mnade, to commence at the end of such period. Where it has not been so paid clothing will be furnished from the 8th of Octo- ber, 1862. III. A soldier is allowed the uniform clothing stated in the follow- ing table, or articles thereof of equal value. When a balance is due him at the end of the year he will be allowed the money value thereof, as herein set forth, to be paid him upon tile muster and pay roll of his company. When he shall have drawn clothing in excess of the amount allowed it will be charged against him upon the mus- ter and pay roll of his company. If discharged before the expira- tion of the year, and he shall not have been furnished with clothin Page 230 230 CORRESPONDENCE, ETC. in kind, or paid commutation thereof, for the period of service ren- dered since the 8th of October, 1862, he will be entitled to receive the money value of the clothing allowed, in proportion to such period of service: For three years. a Clothing. a 0 ~ ~ H P~ Caps, complete 2 1 1 $2. 00 Cover 1 1 1 38 Jackets 2 1 1 12.00 Trousers 3 2 2 9. 00 Shirts 3 3 3 3.00 Drawers 3 2 2 300 Shoes paIrs.. 4 4 4 6.00 Socks do... 4 4 4 1.00 Leather stock . 1 25 Greatcoat 1 25. 00 Stable frock (for mounted men) 1 2. 00 Fatigue overalls (for engineers and ordnance) 1 1 1 3. 00 Blanket 1 1 7.50 IV. When clothing is needed for issue for the men tile company commander will procure it from the quartermaster on requisition, approved by the commanding officer. V. Ordinarily the company commander will procure and issue cloth- ing for his men twice a year. At other times in special cases such articles as the soldier may need will be issued to him. VI. Officers receiving clothing will render quarterly returns to the Quartermaster-General. VII. Commanders of companies will take the receipts of their men for the clothing issued to them, on a receipt roll, witnessed by an offi- cer, or in the absence of an officer by a non-commissioned officer, the witness to be witness to the fact of the issue and the acknowledg- meilt and signature of the soldier. The several issues to a soldier to be ~ntered separately on the roll, and all vacant spaces on the roll to be filled with a cipher. Tile roll is the voucher for the issue to the quarterly return of the company commander. Extra issues will be so noted on tile roll. VIII. Each soldiers clothing account is kept by the company corn- mander in a company book. This account sets out only tile money ~ralue of the clothing which he received at each issue, for which his receipt is entered in the book, and witnessed as in the preceding paragraph. IX. When a soldier is transferred or detached the amount due to or by him for clothing will be stated on his descriptive list. X. \~heu a soldier is discharged the amount due to or by him for clothing will be stated on the duplicate certificates giveit for the set- tlement of his accounts. XI. Deserters clothing will be turned into store. The invoice of it, and tile quartermasters receipt for it, will state its condition and the name of the deserfer. XII. The inspection report Oil damaged clothing shall set out, with the amount of damage of each article~ a list of such articles as are fit for issue, at a reduced price stated. XIII. Commanding officers may order necessary issues Qf clothing to prisoners and convicts, taking deserters or other damaged clothing when there is such in store Page 231 CONFEDERATE AUTHORITIES. ~3i XIV. In all cases of deficiency or damage of any article of clothing or camp or garrison equipage the officer accountable for the property is required by law to show, by one or more depositions setting forth the circumstances of the case, that the deficiency was by unavoidable accident or loss in actual service, without any fault on his part, and in case of damage that due care and attention were exerted on his part, and that the damage did not result from neglect. By order: S. COOPER, Adjii tan t and in spector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmoinl, December 8, 1862. J. W. ELLIS, Esq., Senate Chamber, Raleigh, N. C.: SIR: I have received your application for discharge on the ground that you are a member of the Legislature of North Carolina. Neither the exemption law of October nor that of April, 1862, operated to dis- charge persons from service. The Department has granted furloughs to other members of the Legislature of North Carolina, to extend one week beyond the expiration of the session at which their presence was necessary. Your obedient servant, JAMES A. SEDDON, Secretary of IVar. QUARTERMASTER-GENERALS OFFICE, 1? ichmort(l, December 9, 1862. Hon. JAMES A. SEDDON, Secretary of War: SIR: I respectfully beg leave to again call your attention to the operati~n of General Orders, No. 98, assigning Col. W. M. Wadley, assistant adjutant-general, to the supervision and control of railroad transportation, and also to repeat some of the views I had the honor to present to you verbally. By the provisions of the Army Regula- tions the Quartermasters Department has been charged with the duty of providing transportation for troops and all army stores, equipage, and supplies. During the present war it is well known the Govern- ment has been greatly dependent upon the railroads of the Confed- eracy for the transportation of troops and supplies, and has been obliged to employ them to the utmost extent of their capacity. All contracts with the railroad companies have been made by this depart- ment, and the payment of their accounts has consumed a large pro- portion of the estimates made fqr expenses of military transportation. The control of this important means of transportation has been one of the most responsible duties of this department, mainly because of its intimate connection with the movements of our armies in the field and their dependence upon it for the prompt delivery and quick removal of military supplies; and the railroads have become so much identified with most of the duties of this department that much inconvenience, confusion, and embarrassment will result if their super- vision be transferred to another department of the public service altogether unconnected with this. I do miot object to the policy o Page 232 232 CORRESPONDENCE, ETC. placing all railroad transportation under the supervision of an able and competent officer, as Colonel Wadley is known to be; on the con- trary, I had the honor to suggest that such an arrangement should be made, with the expectation, however, that the superintendent of this transportation should report to this department and act under its authority. The absolute necessity for this is, I submit, most appar- ent, as it is essential to the dispatch of the business of this office that I should be regularly and promptly informed of such regulations for railroad transportation as might be adopted by the general superin- tendent, and particularly that I should be advised of the terms of compensation agreed upon, that the necessary estimates to provide for its payment might be made. For these and 6ther reasons, which will be readily suggested, I submit that the effect of the generaL order referred to will be to occasion difficulty and embarrassment to this department unless Colonel Wadley be directed to report regu- larly to this office. A. C. MYERS, Quartermaster- General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 101. Richmond, December 9, 1802. I. Clause 1, paragraph VI, General Orders, No. 82, current series, is so amended as to provide that one of the three surgeons for each Con- gressional district shall be a medical officer of the Army, and that the two others (to be recommended by the commandant of conscripts to the Adjutant and Inspector General) shall be selected from Congres- sional districts different from that in which they are to examine con- scripts. II. As in the case of barrels and sacks, officers of the Subsistence Department receiving beeves will deliver to the commissaries from whom they draw supplies a like number of hides. rj7he issuino com- missary will transfer them to the quartermaster charged with their collection. T~y order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, QUARTERMASTERGENERALS DEPARTMENT, Hon. JOHN GILL SHORTER, Richmond, December 11, 1862. Governor of Alabama, Jsiliontgomery: SIR: Your communication of the 20th of November to the Secretary of War, inclosing copy of an act of the General Assembly of Alabama to aid in providing shoes foP the Alabama soldiers in the Confederate Army, & c., has been referred to this office. Iii reply thereto I have to state as follows: The state of Alabama will be allowed $7 for each pair of shoes furnished to this department on account of Alabama soldiers, and the same will be distributed as far as practicable in strict accordance with the directions given by the State authorities. Your obedient servant, A. C. MYERS, Quartermaster- General Page 233 CONFEDERATE AUTHORITIES. 233 Resolutions in relation U) the present war. Whereas, the State of Georgia has, in a spirit of fraternal sympathy, pledged herself by resolutions solemnly adopted by her Legislature to co-operate with her sister States of the Confederacy in the impend- inr ~tru~oqe for our lives and liberties, and to this end to contribute all the means at her command to the support of the common cause: rrherefore Be it resolved by the Senate and the Honse of Representatives of the State of Florida in General Assembly convened, That it is the sense of this Legislature that Florida, one of the first States to secede from the 01(1 Uniou, will be oue of the last to lay down its arms, alL(l in the impending struggle will staiid by her sister States to the last man and the last musket, until peace is established on the basis of a sepa- rate nationality, and the independence of the Confederate States is unconditionally acknowledged by the United States. Be it further resolved, That a copy of said report and resolution be transmitted to the President of the Coufederate States, and also to the Governors of each State, and to the Congress of the Confederate States. Passed the House of Representatives December 9, 1862. I~assed the Senate December 9, 1862. Apprrnred December 11, 1862. NASSAU, NEW PROvIDENCE, December 12, 1862. lIon. G. W. RANDOLPH, Secretary of War, Richmond: SIR: My last dispatch was under date of the 12th ultimo by the Kate, since which the steamers Herald (now Antonica) and Leopard have arrived from Charleston. I have shipped by the Antonica the following remnants cx Melita :* Five cases knapsacks, 3 cases boots, 3 cases percussion-caps, 1 case saddlery, 2 cases cavalry saddlery, 1 case friction-tubes, 2 cases bayonet scabbards, 5 bales army cloth, 2 bales am~ny cloth. Also to Dr. Chisoim, medical department, South Carolina and Geor- gia, 6 cases and 3 barrels medicines. By the Leopard, to leave in three days, I shall clear up the odds and ends of the Melitas cargo, besides 50 cases Enfield rifles, some medicines for I)r. Chisolm, and about 2 tons of steel to Captain Childs. Both the Antonica and Leopard carry a large quantity of iron plates, a considerable shipment of woolens, all the blankets and shoes that could be got together, and a variety of other useful stuff on private account. Mr. S. G. Porter, Government agent, arrived here on the herald, bound to Bermuda, hut was detained for some time by sickness. The comnmunication between here and Bermuda being so sparse, Mr. Porter concluded to charter a schooner, and would have left crc this but for a violent storm that has prevai4ed for some days past. I expect he will get off by the day after to-morrow. Mr. Porter has fully explained to inc the important nature of the l)usiness confided to him, but I am apprehensive he may be partially thwarted by the paucity of suitable steamers to transship Government property from Bermuda to the Confederacy. As far as I can learn, all the suitable steamers from England are bound to this place, the owners deeming it the best policy to load at Nassau. It is very certain they have Commercial marks omitted Page 234 234 CORRESPONDENCE, ETC. taken a strong objection to Bermuda.. Mr. George Wigg, formerly of New Orleans, and a very intimate personal friend, expects sev- eral steamers here, but is unwilling to divert them to Bermnda nnless at a difference of freight, which I consider to be admissible. Still, he is anxious to further the interests of Government and will give us the preference of room over all other parties. If Mr. Porter should be blocked in his operations at Bermuda I have counseled him to send a cargo here, which I could dispatch in a very brief period. Captain Malcolm, the naval commander at this station, assured me the day before yesterday that the Federal cruisers have received express instructions from their Navy Department not to molest neu- tral vessels bound from a neutral to a neutral port, even if laden with munitions of war, unless the course of the vessel should justify a reasonable suspicion that she intended to violate the blockade. To use his own language, she would be in the legal prosecution of her voyage, and her seizure under such circumstances would be decidedly illegal. This source of apprehension removed, it might perhaps be good policy to divert some of the accumulation of stuff at Bermuda to this place, so as to get it into the Confederacy at the earliest moment. The steamer Antonica, one of George Wiggs vessels, left England on the 3d ultimo for Saint Thomas, and instructions have been sent to her to proceed to Havana, where she will take a pilot and run the blockade at Mobile. She is a clear eleven and a half knot boat, and has a very valuable cargo, consisting in part of 22,000 pairs of shoes, 30 tons of gunpowder, blankets, & c. The steamers Pearl and Eagle (paddle), sixteen to eighteen miles an hour certain, are expected here every moment. The Thistle (a fast screw) will be due in eight days. Then there is a new screw, under a builders guar- anty of 5,000 to run fourteen miles an hour, carrying 700 tons of cargo, which will be out on the 20th proximo. All these are George Wiggs vessels, so that you will perceive the facilities offered for the transshipment of cargo. In addition to these there are no less than six steamers expected to make their appearance within the next sixty days. Before that time no less than 100,000 pairs of shoes and a vast quantity of blankets will reach this place, irrespective of some private ventures which will increase the amount. I have mentioned these matters so that in case the necessity arises you will appreciate the reasons that may compel Mr. Porter to send some of the Government property from Bermuda to this place. Mr. Porter has no doubt addressed the War Department fully on the sub- ject, and any instructions that mnay be deemed requisite to carry out its views here will be promptly obeyed. I am, very respectfully, your o1)edient servant, L. IJEYLIGER. [DECEMBER 12, 1862.For Pickens to Davis, and Davis reply (14th) in relation to execution of ~onscript law in South Carolina, see Series I, Vol. LIII, p. 269.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 104. Richmond, December 13, 1862. I. Encampments of trQops near towns an(l villages must be avoided where it is not indispensable. Whenever it is so, a sufficient force for guards and outposts must be selected from the best discipline Page 235 CONFEDERATE AUTHORITIES. 235 troops, and assigned as a garrison, & c.; and officers and men will not be permitted to enter the town or village except on written permis- sion of the commanding officer. II. Arms must not be carried froiu the camp, nor will mounted men in camps be permitted to ride their horses, except upon duty. III. Private property is invariably to be respected, and must not be taken or used, except when indispensable for the public service, and then only by orders of competent authority, and in the manner pointed out in the Army Regulations and orders of the Quartermaster and Commissary Departments. IV. The reckless destruction of fencing, wood, and other property of the citizens, which has occurred in so many instances, cannot be too strongly condemned. Commanders of troops of whatever grade should, by the exercise of diligence and strict discipline, endeavor to prevent such results, entailing, as they will, poverty upon individuals and useless expense on the Government. Fencing ought not to be disturbed where it can possibly be avoided; and when wood is neces- sary for the public use, that which is least valuable ]uust be selected with as little waste as practicable. V. A careful observance of these orders is enjoined on the Army as of the first importance to the public interests. All violations of them are directed to be reported to the proper authority for such punish- ment as may be requisite. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMEET, Richmond, Dece?nber 12, 1862~ His Excellency JOHN GILL SHORTER, Governor of Alabama: SIR: Qwing to some inadvertence unusual in the Department, your letter inclosing liberal and patriotic resolutions of the Senate and house of Representatives of Alabama, tendering aid in procuring sup- plies of shoes for the Army, did not come under my observation until a day or two since. I have therefore to apologize for my delay in responding, which rendered necessary the telegram from you. To that telegram I replied as soon as I could confer with the Quarter- master-General. I have only now to reiterate the assurance of my telegram that all shoes suitable for the Army will be taken thank- fully and paid for at $7 per pair, and that in distributing them the Quartermaster-General shall be instructed to conform as far as prac- ticable to your wishes. I cannot refrain from once more acknowledg- ing with grateful appreciation the zeal and liberality manifested by your State in sustaining the con~mon cause of the Confederacy. With sentiments of high respect and esteem, your obedient servant, JAMES A. SEDDON, Secretary of TYar. [DECEMBER 13, 1862.For Seddon to Lubbock, in relation to a suspension of the conscrjpt law in Texas, see Series I, Vol. LIII, p. 838. Page 236 236 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 13, 1862. Maj. J. C. JOHNSTON, Athens, Tenn.: MAJOR: You are hereby instructed to report to General J. E. John- ston, and under his directions Select a suitable location for a camp of instruction for Kentucky recruits. You are to receive and muster into the Confederate service such Kentuckians as wish to join it, to afford them shelter and instruction, and otherwise properly provide for them for a reasonable time, giving each of them the selection of the Kentucky regiment to which he will attach himself, and transpor- tation to it when the selection is made. In case they prefer it, when enough recruits are assembled to form a company they shall be organ- ized into a company under the conscript act by the election of their officers, and the company attached to whatever Kentucky battalion of the line they may elect not having ten companies. You are directed to observe a conciliatory course toward recruits, and to induce as large numbers as possible to avail themselves of the benefit of your camp. The camp should be located as near the lien- tucky line and in as plentiful a region as is safe. Report any case of difficulty immediately to this Department. Except as above directed, you are instructed to observe General Orders, No. 82, herewith inclosed. * Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, TREASURY DEPT., Richmond, December 15, 1862. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have received to-day copy of Colonel Gorgas letter of 5th December, sent me in yours of the 12th instant, in relation to money required to meet purchases of arms in Europe. As far back as 28th May last I notified your Department that the absence of commerce had cut off the supplies of sterling exchange, and that some arrange- ment had better be made between the War and Navy Departments for the appropriation of the limited amount which could be purchased. No such arrangement was made, and the requisitions of the Navy Department absorbed what was then on hand. Since that time I have purchased all the exchange which could be had, paying as high as $3 for $1. Bonds were then sent over to Europe to raise funds for the use of both Departments, of which no account has yet been received; and to pay for the purchases ordered by the Quartermaster-General a letter of credit in advance of funds was sent to our bankers in favor of Major Ferguson .for $500,000. This credit will probably exhaust all the funds which will be at our credit from bills of exchange upon Major Fergusons arrival in Europe. Since that time we have continued to purchase all the exchange which has been offered, and have added an authority to our agent to make use of the $2,500,000 of coin of the Bank of Louisiana, which was seized for the use of the Government. You will perceive, therefore, that although without any knowledge of the wants of Colonel Gorgas or his contracts, this Department has used every exertion to place funds in Europe. Permit *See p. 160 Page 237 CONFEDERATE AUTHORITIES. 237 me to add that when contracts to so large an extent as those men- tioned by Colonel Gorgas are made payable abroad without consulta- tion with this Department it cannot hold itself responsible for any failure to pay them. Respectfully, C. G. MEMMINGER, Secretary of the Treasury. [First iiidorsernent.] To Ordnance Bureau and then file. J. A. S., Secretary. [Second indorsemelit.] DECEMBER 29, 1862. Respectfully returned. Following letters have been written: July 12, 1862, requested that 250,000 be sent to Major Huse as soon as practicable. October 24, 1862, called Secretarys attention to indebtedness of Major Iluse and submitted an account from Major Iluses letter. December 5, 1862, recapitulating Major Huses account, showing disbursements and funds wanted. J. (4ORGAS, Golomel. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 105. Rwhnwnd, December 15, 1862. I. Some confusion having occurred in the paymuemit of troops in hospital, as authorized in paragraph III, Gencral Orders, No. 65, modified by paragraph I, General Orders, No. 67, an(l l)y ~)aragraph II, General Orders, No. 68, it is hereby directed that the orders above referred to be so limited as to embrace only the muonthly pay of the soldier mustered on the hospital rolls; and all (juartermuasters makiug payments to troops referred to in said orders are required regularly to forwajd, through the Adjutant and Inspector Generals Office, to the company comumanders of such troops (to be noted on the company rolls) an accurate list of the persons and amounts so paid and the particular time for which such payments have been muade. II. No transportation tickets will be issued except when the appli- cant presents conclusive evidence that lie has proper authority for his absence from his commuand and is entitled to transl)ort ation. A regis- ter will be kept in the transportation office, npon which the name of the applicant for transportation and the authority upon which trans- portation is given will be recorded in every case. Every precantion will be taken against imposition and fraud, and whenever such fraud or imposition is detected it will be immediately reported to the proper authorities. By order: S. COOPER, II(ljLttU it t (I a (1 IhsJ)ector General. Resolution~ to guarantee by the States the (iebt of the Confederate Government. Whereas, the Government of the Confederate States is imivolved in a war for the independence of each of the States of the Confederac Page 238 238 CORRESPONDENCE, ETC. as well as for its own existence; and whereas the destiny of each State of the Confederacy is indissolubly connected with that of the Confederate Government; and whereas, also, the Confederate Govern- mnent cannot sncessfully prosecute the war to a speedy and honorable peace without ample means and credit: Resolved, therefore, by the Senate and House of Representatives of the State of Florida in General Assembly convened, That this General Assembly concnrs in the opinion of the General Assembly of the State of Alabama that it is the duty of bach State of the Confederacy, for the purpose of sustaining the credit of the Confederate Govern- inent, to guarantee the debt of that Govermnent in proportion to its representation in the Congress of that Government. Resolved further, That the State of Florida hereby accepts the proposition of the said State of Alabama to guarantee said debt on said basis, provided each of the said States shall accept the proposi- tion and adopt suitable legislation to carry it into effect., and that their resolutions shall stand as the guaranty of this State of the aforesaid proposition of the debt of the said Confederate Government. Resolved further, That His Excellency be, and is hereby, requested to transmit a copy of these resolutions to the Governor of each State of the Confederacy and to the President of the Confederate Government. Passed the Senate December 13, 1862. Passed the house of Repre- sentatives December 15, 1862. Approved by the Governor December 15, 1862. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 15, 1862. ROBERT BUNCH, Esq., Consul of Her Majesty the Queen of Great Britain and Ireland, Charleston, S. C.: SIn: The receipt of your letter of the 10th instant, in which you say that you have been informed that James E. Haley has been forced into the camp at Knoxville, and complains of the persistent ill-treatment ota British subject, perpetrated in violation of all international law and the law of the Confederate States, and protest against the violence committed upon James E. haley, a subject of the Queen of Great Brit- ain, and express yonrself as injured by the want of conimon courtesy, which has been shown to yourself in this matter, not even a reply being returned to your letter, and finally threaten to call the attention of Earl Russell to the increasing and apparently systematic persecution to which 11cr Majestys subjects here of late have been exposed at the hands of the War Department and of its officers, is acknowledged. The several acts of the Congress of the Confederate States which provide for additional forces for the public defense are published in General Orders, No. 82, which issued from the Adjutant and Inspector Generals Office in this Dep~rtment. A copy of these orders is inclosed to you.* The Unit ed States having called into their military service some 700,000 men, a numl)er approximating to the numnber of the military population of the Confederacy, these acts of Congress became neces- sary. The act of April last continued in the Army all the persons then in the service who were residents of the Confederate States, between the ages of eighteen and thirty-five years, and enabled the President to place in the service all residents of the same class who were not *8cc p. 160 Page 239 CONFEDERATE AUTHORITIES. 239 legally exempt. The Departuient did not retain in the Army, but dis- charged from it, all foreigners not domiciliated who had volunteered at the expiration of their term of enlistment, and in May last announced in orders that foreigners who have not acquired a domicile in the Confederate States were legally exempt from conscription. Several hundred foreigners were thus discharged from the Army under this construction of the act, and the same interpretation serves as a shelter to a very large number of aliens who previously were regarded as per- manent residents of these States. In July orders were published by the Department prohibiting the reception of unnaturalized foreigners as substitutes. In September orders were issued to the effect that all enrolling officers are hereby expressly prohibited from enrolling as conscripts foreigners not domi- ciled in the Confederate States. By domicile is meant permanent residence. And again, in Orders No. 82 it is said foreigners not domiciled in the Confederate States are not liable to enrollment. Dom- icile in the Confederate States consists in residence with intention per- manently to remain in those States and to abandon domicile elsewhere. Long residence of itself does not constitute domicile. A person may acquire domicile in less than one year, and he may not acquire it in twenty years residence. If there is a determination to return to the native country and to retain the domicile there, no length of residence can confer domicile. There can be no mistake of the principle upon which this Depart- ment in administering the legislation of the Confederate Congress has proceeded. As Her Majesty the Queen of Great Britain and Ire- land has no minister near this Government, nor any other accredited diplomatic agent here to call in question this principle, the Depart- ment feels under no obligation to discuss or defend it. By a reference to the Orders, No. 82, Article X, you will find that applications for exemption must in all cases be made to the enroll- ing officer, from whose decision an appeal may be taken to the coin- mnandant of conscripts. The Department will not consider the appli- cation until it has been referred by the latter officer. The exemption act comprehends large classes of citizens who are not included among those from whom military service is required. Their claims to exemp- tion are brought under the revision of this Department by this regu- lation. The alien who has not acquired a domicile is subject to the same regulation and may seek his protectionin this form. The com- mandant of conscripts is a field officer and has been selected for his ability, among othei qualifications, to determine questions that might arise under this act. The alien is not deprived of any privilege that has been conceded to a citizen. Mr. Ilaley had it in his power to bring his case before the Department, and from his failure to do so the presumption is that he has acquired a domicile in these Statcs. The Department has exposed in this with more particularity its principles and mode of proceeding than in its former communication to you, but it is not able to perceive tmat amiy material omission was then made. It has nothing to detract from that communication. In reference to your remark upon the discourtesy to which you have been subject, the Department is entirely unable to make any applica- tion of it. It has listened to your remonstrances and expostulations with the same degree of patience as if you had been regularly accred- ited to this Government, and it has afforded you in respectful terms full information of whatever it was necessary for you to know to per- form your duties, or what you might comisider to be your duties Page 240 240 CORRESPONDENCE, ETC. Under the sense of what is becoming and proper it has replied to yonr letter without the slightest expression of complaint of the tone you have thought proper to assume. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of War. ADJUTANT-GENERALS OFFICE, December 15, 1862. His Excellency JOHN LETCHER Governor of Virginia: SIR: The operatives in the rrredegar Works at Richmond were organized, commissioned, and armed by you as a l)attalion for home service on the 3d day of June, 1861, and had an effective force of at least 300 men, rank and file. Up to the period when the first of the battles around Richmond was fought, in June last, this battalion had been regularly mustered, drilled, and promptly turned out for service when required, but upon ordering a muster for inspection on this day I am infornied by the commandant, Major Archer, that time mneim claim exemption from all military duty under some act of Congress or order of the War Depart- ment; that in consequence the drills have been discontinued, and that now scarcely the force of a single comnpammy could be mustered. I am also informed by Major Archer that there are in the various foundries and workshops, including time Government works in time city of Richmond, probably 8,000 able-bodied young men, or men in the prime of life, who might be organized upon the same principles as the riredegar Battalion, and would constitute a very effective force for the defense of the city. In every ward of the city there is a muili- tary hall or some building which might be conveniently used for night drills by companies. These night drills under competent officers would, I know, afford the needful military instruction, and with bat- t ~lion or regimental musters, according to the force, on Saturday a~ternooi~s, would be all the necessary tax upon time time of the men, and not witlm(lraw any of them from time customary working hours, since, as to that, Saturday, as I am informed, is universally regarded among theni as a broken or half day. It is my duty to report the condition of time Tredegar Battalion to you, but I have extended time report so as to include time whole mate- rial of the city capable of armed service for local purposes, confident as I am that time Confederate Government, at very little trouble or expense, may organize immto coumpanies, battaliomis, and re~iments, for time protection or defense of time muetropolis, aim effective force of two or three regimmicuts. The subject is respectfully submitted for your consi(leration. Very respectfully, your obedient servant, WM. H. RIChARDSON, Adjutant- General. [Fmrst mndorsement.] DECEMBER 19, 1862. This communication to mue from Adjutant-Gemmeral Richardson is respectfully referred to llonorable Secretary of War, as it contains some valuable suggestions that umay be of service in arranging for city defense. JOHN LETCHER Page 241 CONFEDERATE AUTHORITIES. 241 [Second indorsement.] Adjutant-General COOPER: The object recommended is approved. How may it best be accom- plished? J. A. S., Secretary. [Third indorsement.] JANUARY 4, 1863. Referred to the several chiefs of military bureaus for their views, to be returned to this office: Quartermaster-General, Commissary- General, Chief Engineer, Chief of Ordnance, Surgeon-General. S. COOPER, Adjutant and Inspector General. [Fourth indorsement.] DISTRICT HEADQUARTERS, Richmond, Va., January 6, 1863. It is impracticable to carry out the within suggestions as proposed. The men in the foundries, workshops, and bureaus have not the time to appropriate to drills and military exercises without neglecting their proper duties or imposing too much physical and mental taxation. The Chief of Ordnance has a reserve of arms kept for this special purpose, which, when the time comes, can be placed in the hands of the men. Very respectfully, ARNOLD ELZEY, iJfajor- General. CIRCULAR.] ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, December 15, 1862. In all applications for details or assignments from the chiefs of militaryjmreaus the application will give the present assignment of the officer concerned and his location. It will then, upon being received at the office of the Adjutant and Inspector General, be referred to the general commanding the army or department in which the staff officer is serving, for his report on the case, before the detail or assignment can be announced in orders. S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS, AD JT. AND INSP. GENERALS OFFICE, No. 294. ~ * Richmond, December 16, 1862. * * * * * II. Brig. Gen. Gabriel J. Rains is hereby assigned to duty as general superintendent of the conscription service for the Provisional Army of the Confederate States. He will forthwith proceed to Richmond and enter upon the duties of his office. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. 16 R RSERIES IV, VOL I Page 242 242 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 16, 1862. His Excellency JOHN GILL SHORTER, Governor of Alabama: Your letter of the 27th ultimo to Admiral Buchanan, inclosing the application of sixty-two of the men of the Jeff Davis Legion to you, to solicit your aid and influence in obtaining a transfer of their com- pany to the gun-boats now being built for the protection of the cities of Mobile, Selma, and Montgomery, has been sent to this Department through the Navy Department. The Army of Northern Virginia is at this time in front of the most powerful army of our enemy. It cannot be re-enforced, while that of the enemy can draw support from the recruits that the United States are constantly making. The army of the enemy is superior to ours in equipment, numbers, and supplies. It is, therefore, obvious that applications for details or removals can- not be granted. There is much homesickness in the Army, and the Department is pressed by every influence and in every form to grant discharges or to allow removals. Mothers, sisters, wives, and daugh- ters are pleading for the return of those who they last year cheered and stimulated to go to the battle-field. The Department hopes that the Chief Magistrates of the States will discourage the display of the uneasy and restless spirit that exists on this subject, and maintain to the highest elevation the patriotism of the country. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of War. COLLECTORS OFFICE, DEPARTMENT OF MISSISSIPPI, Tangipahoa, La., December 16, 1862. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: I have the honor to acknowledge the receipt of your telegram of the 11th instant, in the following words, viz: Your request for leave to obtain salt on same terms precisely as Governor of Mississippi is granted, but with the earnest injunction that only salt absolutely necessary for the people of Louisiana within your district be so obtained. However questionable the policy inaugurated by the Governor of Mississippi may be, I found, in view of the extreme want of salt in this portion of Louisiana, and the repeated demand for the same privilege for this people as that granted to Mississippi, and the fact that the transit of both cotton and salt for Mississippi had to be made through the territory of Lo aisiana, that this grant might be necessary to secure the public tranquillity. In the absence of the Governor or any representative of the CMef Executive of this State I deemed it to be my duty for these considerations to make the request which you have deemed proper tp grant. I beg to assure you that I fully appreciate the importance of the injunction contained in your dis- patch, and shall only exercise the discretion placed in my hands to the best of my ability to promote the public interests. I remain, very respectfully, your obedient servant, F. H. HATCH, Collector Page 243 CONFEDERATE AUTHORITIES. 243 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 107. Richmond, December 17. 1862. I. Paragraph IV, General Orders, No. 72, current series, is modified as follows: Medical officers, referred to in said order, will not hereafter issue certificates for furloughs, except when the health of the soldier requires his removal, or a change of climate; and in all such cases this fact must be distinctly stated in the surgeons certificate. II. Whenever, in the opinion of the commanding officer of a military department, the object of the first [fourth] paragraph of General Orders, No. 72, has been for the time being accomplished, by suffi- ciently reducing the number in hospital, he may suspend the sessions of the medical boards until the condition of the sick and wounded renders it expedient to reassemble said boards. III. Officers charged with the duty of enrolling conscripts are hereby instructed that the resignation of officers does not of itself exempt the party resigning from the provisions of the conscript law. All such persons are subject to enrollment and examination, in common with other parties of conscript age. IV. Lient. Col. Smith Stansbury is hereby detailed for the same duty as that assigned in paragraph III, General Orders, No. 80, current series, to Lient. Col.W. Le Roy Brown, and he will proceed immediately to Charleston, S. C., and to Mobile, Ala., for the purpose of examining candidates for appointments as artillery officers for ordnance duty, under the act of Congress approved September 16, 1862. The generals commanding at those points will, on his application, associate with him any two artillery officers performing ordnance duties he may select, who, together with himself, will constitute an examining board. Due notice will be given through the local papers of the time at which examinations will be held. Applications for permission to be examined will be made, as per General Orders, No. 80, to the general commanding. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 17, 1862. His Excellency J. G. SHORTER, Governor of Alabama, ]lfontgomery, Ala.: SIR: I have received your telegram, and regret to hear that the Legislature of Alabama has adjourned. The arrangements contemn- plated by the Department for the manufacture of salt in your State are deemed of the first importance, and the only thing now needed to complete them is the assurance ~f a sufficient quantity of land to carry on the necessary operations of the manufacture. Twenty acres of saline land are ample to afford a supply of salt water, but a larger quantity is needed for the purpose of evaporation, & c. Under the circumstances and in consideration of the emergency, could not Your Excellency permit the Confederate Government to use the adjacent property which I am informed belongs to the State to the extent of 100 acres? With sentiments of high respect and esteem, your obedient servant, JAMES A. SEDDON, Secretary of War Page 244 244 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 17, 1862. Hon. HERSCHEL V. JOHNSON, Barton, Jefferson County, Ga.: SIR: Your letter of the 10th instant has been received. Your inquiry is whether you have a right to have an overseer between the ages of eighteen and forty-five, under the circumstances in which you are placed as a Senator obliged to be absent for a portion of the year. The key to the construction of the conscription and exemption acts is contained in the first sentences of the former. This sentence is similar in each, and I quote from the last act: That the President be and he is authorized to call out and place in the military service of the Confederate States for three years * * ~ all white men * * * residents * * * (between the ages of eighteen and thirty-five, act of April) * * * (between the ages of thirty-five and forty-five, act of October) at the time the call or calls may be made, and who are not at such time or times legally exempted from military service. The exempts are determined by the exemption bills. Your planta- tion at the date of the calls had an owner resident upon it, and was not in the charge of an overseer exclusively. Your overseer, if you had one, was not then exempt as such. lie was liable to conscription, and you could not by an cx post facto act relieve him. The Presi- dent has not made a call for persons between forty and forty-five. You can employ such a person, and if he has the charge of your plantation at the time of a subsequent call and there is no adult upon it he would probably be exempt from that call. For Secretary of War. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., December 18, 1862. Hon. JAMES M. MASON, Minister, & c., at the Court of Saint James: SIR: This will be transmitted to you by Capt. William G. Crenshaw, of Richmond, Va., who has been for some time past serving with distinc- tion as the captain of a battery raised by himself in our Confederate Army. He has been one of the most intelligent, extensive, and successful merchants of our city; having besides other important enterprises ahuost inaugurated and established the coffee trade between Virginia and Brazil; and such confidence has been felt in his commercial knowledge and enterprise that it has been thought advisable, first by the Navy Department, and now by this, that he should go to England to a~ttend to important interests of the former Department, and to initial e and carry out, if, on fuller inquiry and ascertainment of the chances of success, he should deem it judicious, operations for running the blockade of our ports, and supplying this Department on a considerable scale with the munitions, army supplies, and drugs, so essential to maintain the efficiency of our forces. The scheme of these operations in its details will be explained to you best by Mr. Crenshaw in pe-rson. Its general features are that steamers or vessels, as he may conclude best adapted for the purpose, should be built or purchased by him i Page 245 OONFED1~RATE AUTHORITIES. 245 England. That he shall associate with him in the enterprise some leading English house of large means, in conjunction with whom he shall take one-fourth interest in the vessels and in their cargoes, and shall purchase and sell on commission the goods to be sent to this country, and the cotton to be sent forward in return. Thus a part- nership or joint interest will exist between this Department on the one side and himself, in conjunction with the English firm on the other, and this partnership is to extend likewise to the commission on the one side for the purchase of goods in England, and on the other (this Department) for the purchase of cotton here. The commission for the sale of cotton will be to him and his English coadjutors alone, and shall not exceed 2~ per cent., with such guaranty in case of sales on credit as the usage of the trade allows. his fourth of the goods reaching this Confederacy, at the option of this Department, to be taken by it at moderate valuation according to the market rates here, and if not taken to be sold by his own selected agent. It is understood that this enterprise is to be undertaken on a calculation of general chances, and notwithstanding one or more losses at first is to be per- severed in to a full trial. This is deenied essential to justify the private venture and is deemed judicious for the Government. It is likewise understood that it is so to be arranged, either by the English house taking its pecuniary advance solely in the value of the ship or by advances upon it, that the ships may be owned, cleared, amid sailed as British property and be under the English flag. Iii the purchase or building of the ships to start, and until advances are repaid by the cotton imported, large sums will have to be advanced on behalf of this l)epartment out of such uneans as the Government cami command abroad, and I must rely on and invoke your authority and aid to facilitate to Mr. Crenshaw the command of adequate resources. In such a transaction as the Department thus engages in it reposes large confidence in Mr. Crenshaws character, capacity, and jLmdglnent, and must likewise ask at your hands much similar trust in his integrity, discretion, and tact. In neither case, I feel assured, will it be abused, as he will be actuated in the whole business, I am confident, more by patrioti~iu and a desire to serve our great cause than by a spirit of gain. I should add that on engaging in this enterprise he will feel bound, though with reluctance, to resign his commission as an officer in the Confederate service, since lie would consider private interest in such a venture inconsistent with the relation of ami officer, amid besides lie would have to remain long abroad. I have oniitted to state one other particular of the understanding with Mr. Crenshaw, which is that the goods running the blockade to the extent of the fourth interest held by him and his English asso- ciates shall be admitted free of duties, but on his share of the cotton taken out he will be liable to the specific duty of one-half per cent. pre- scribed by Congress as a pledge for one of the loans of the Govern- muent. This feature of exemption from duty on the goods running the blockade, it is thought, n~ay prove of decided advantage in winning English coadjutors. In conclusion I cannot refrain from expressing personally my cor- dial good wishes for your health and success in youmr responsible sta- tion and giving renewed assurance of the high consideration and esteem with which I am, most truly, your.obedient servant, JAMES A. SEDDON, Secretary of War Page 246 24G CORRESPONDENCE) ETC. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 297. Richmond, December 19, 1862. * * * * * * * XIII. Enrolling officers in the Department of East Tennessee will report through the commandant of conscripts to the general command- ing the department, who is hereby authorized to give such instruc- tions not inconsistent with acts of Congress and to render such aid as may be necessary for the enforcement of the conscript laws. XIV. Enrolling officers in the department commanded by Maj. Gen. John H. Forney will report through the commandant of conscripts to the general commanding the department, who is hereby authorized to give such instructions not inconsistent with acts of Congress and to render such aid as may be necessary for the enforcement of the con- script laws. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. EXECUTIVE DEPARTMENT OF NORTH CAROLINA, Raleigh, December 19, 1862. His Excellency President DAVIS: DEAR SIR: I beg leave to call your attention to the inclosed memo- rial from representatives of the people of the Tenth Congressional Dis- trict of this State. I know all the facts set forth to be true, being intimately acquainted with the district, and have no hesitation in say- ing that if any section of time Confederacy is deserving of the exercise of the discretion vested in you by the exemption act in its favor it is that mountain region of North Carolina. I am, sir, very respectfully, your obedient servant, Z. B. VANCE. U [First indorsement.] Respectfully referred to Secretary of War. WM. M. BROWNE, Colonel and Aide-de- Camp. [Second indorsement.] Respectfully referred to the President. J. A. S., Secretary. [Third indorsenmnt.] There is much force in the within appeal, and if the point of maxi- mum in the old regiments is touched so as to present the case of a reserve, it seems proper and politic to grant relief by enrolling and leaving at home for the present the men of this district as a reserve, subject to future call. Inquire and confer. J. D Page 247 247 CONFEDERATE AUTHORITIES. [Inclosure.] RALEIGH, N. C., December 11, 1862. His Excellency JEFFERSON DAVIS, President of the Confederate States of America: DEAR SIR: The undersigned, senators and representatives from the Tenth Congressional District of North Carolina, now attending the General Assembly, desire to call your atteiition to the following state- ment of facts: The people living in the counties composing the Tenth Congres- sional District own comparatively but few slaves, and have, therefore, to rely mainly upon white labor for the cultivation of their lands and their supplies of provisions. In nearly all the counties we represent the number of volunteers and conscripts furnished to the Confederate Army is almost equal to our entire voting population. This district is composed of fifteen counties. These counties do not [contain] as many slaves, all told, as some single counties in the middle and east- ern divisions of the State. It is manifest, then, that the levies made by the conscript law upon our section have well-nigh stripped us of our laboring population. We further state that with aid of the con- scripts during the last summer we have been unable to produce sufficient supplies for the present winter and coming spring. We hope, however, by the strictest economy and the abandonment of a portion of our live stock to prevent actual starvation. It must be borne in mind, nevertheless, that great privation and suffering are inevitable. We could cite hundreds of instances where three or four families of women, numbering from ten to fifteen children, have been thrown together into one house, not having so much as a boy large enough to go to mill. These noble women are now aided by the few scattering men who remain at home. But if the remaining conscripts, from thirty-five to forty or forty-five, are enrolled and ordered into camp, it can result in nothing short of actual starvation among some of these helpless women and children. Moreover, it will be impossi- ble for the few old men and boys remaining at home to cultivate one- half tke amount of land that was cultivated last summer in that section, amid hence the danger of a general famine through that entire district. This section of the State which we represent is very moun- tainous and remote from railroad facilities, and cannot, therefore, procure provisions froni abroad. We are free, though the task is an unpleasant one, to state another fact. Most of the cases of desertion among the soldmers from that section have been produced by the sufferings of their families and parents at home. We challenge the Confederacy to produce a more loyal and brave people than ours, and instance as an example the glorious Sixteenth North Carolina Regiment. Yet with all their loy- alty, if the law be enforced and the remaining conscripts be taken, it will produce the deepest discontent and dissatisfaction among the soldiers already in the field from that section. We had reason to expect that you would have exenipted that section from any further call. In view of the foregoing facts we respectfully ask that you will suspend the enforcement of the conscript law in the Tenth Congres- sional District of North Carolina. We now appeal with confidence to you in behalf of these helpless women and children, believing that you cannot consent to see any one section of our beloved Confederacy reduced to actual starvation while some of our sister States are behind us in furnishing men for the field. So far we have done our duty an Page 248 248 CORRESPONDI~NC1~, ETC. leave results to you; and for our official position we refer you to Gov- ernor Vance and to our Representative in Congress, A. T. Davidson, and hope that the facts set forth may receive at your hands due con- sideration. We are, sir, yours, respectfully, C. D. SMITH, Senator; W. M. SHIPP, Senator; M. 0. DICKERSON, Senator; S. J. NEAL, Senator, [AND TWELVE REPRESENTATIVES.] GENERAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 109. Richmond, December 20, 1862. I. The following appointments under the act of October 9 1862, providing for the appointment of military courts to attend the Army, have been made by the President, and are announced for the infor- mation of all concerned: 1. Lieat. Gem. James Longstreets corps.Charles L. Scott, Ala- bama, presiding judge; Albert P. hill, Mississippi; L. W. Spratt, South Carolina; Charles M. Blackford, Virginia, judge-advocate. 2. Lieut. Gem. T. J. Jaclcsoms corps.Richard TI. Lee, Virginia, presiding judge; James Jackson, Georgia; David M. Carter, North Carolina; Daniel A. Wilson, Louisiana, judge-advocate. 8. General G. T. Beauregards corps.D. F. Jauiison, South Caro- lina, presiding judge; L. M. Lamar, Georgia; Capt. W. C. Bird (First Florida Volunteers), Florida; A. H. Boykin, South Carolina, judge- advocate. 4. Lieat. Gen. Leonidas Polks corps.Andrew Ewing, Tennessee, presiding judge; Edward S. Worthington, Kentucky; J. A. P. Camp- bell, Mississippi; Thomas W. Brown, Tennessee, judge-advocate. 5. Lwut. Gem. E. K. Smiths corps.Thomas Ruffin, North Caro- lina, presiding judge; James Neil, Tennessee; Charles B. Thomas, Ke~itucky; Shelby Williams, Tennessee, judge-advocate. 6. Lieiit. Gem. T. H. Holmes corps.Trusten Polk, Missouri, pre- siding judge; George C. Watkins, Arkansas; Maj. W. P. Townsend (Fourth Texas Volunteers), Texas; Lionel L. Levy, Louisiana, judge- advocate. 7. Afaj. Gem. John II. Forneys corps.Thomas J. Judge, Ala- bama, presiding judge; S. W. Fisk, Louisiana; Samuel J Doug Florida; J. Little Smith, judge-advocate. . ~lass, S. MaJ. Gem. Samuel Jones corps.Col. P. T. Moore, Virginia, presiding judge; W. H. Norris, Maryland; Col. A. T. M. Rust, Vir- ginia; Septimus T. Wall, Kentucky, judge-advocate. 9. Maj. Gem. G. IV. Smiths corps.William B. Rodman, North Carolina, presiding judge; John M. Patton, Virginia; Bradley T. Johnson, Maryland; W. P. Johnston, Georgia, judge-advocate. II. The above-named members of the courts referred to will report without delay to the commanding officers of the respective army corps to which they have been assigned, to whom the letters of appointment will be forwarded, except in those cases where they have been delivered to the parties, or may be called for at this office at an early day. By order: S. COOPER, Adjutant and Inspector General Page 249 249 CONFEDERATE AUTHORITIES. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 298. ~ * * Richmond, December 20, 1862. * * * * * XIII. Authority is hereby granted . A. A. Stewart to raise a com- pany of men over the conscript age (forty-five years) for service in the State of Florida, and not to be attached to any regiment or bat- talion. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant A~jmtant- General. EXECUTIVE OFFICE, Jackson, Miss., December 20, 1862. GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: For the consideration of matters of vital interest to the safety of the State you have been called into extra session. rrhe magnitude of the preparations and the vast armies sent by our enemies for our subjugation require corresponding efforts on our part to render our (lefense successful. To effect this end I recommend that the entire white male population of the State from sixteen to sixty years of age be enrolled in the militia, and that such as are deemed able to go into active service be called at once to the defense of the State. This class who are able for active service in the field will probably consti- tute one-half of the entire population subject to military duty. The other half could be organized as a reserve to be armed and drilled for local defense against raids of small foraging parties of the enemy. One-fourth of this reserved class could act as armed patrols in their respective counties, and thus give a feeling of security to th~ people in every county in the State. As it is a niatter of necessity to the safety of the State and the successful prosecution of the war to fill up our regiments now in the field and to return to the Army the hundreds who are~ibsent without leave, or on expired furloughs, or have recov- ered from disability and are now able to return to duty, I suggest the importance of requiring the sheriffs, magistrates, amid constables to aid the military authorities of the State and of the Confederate States to enroll, and if necessary to arrest, conscripts and send them to the proper camps, and to arrest and send to their commands all who owe service to the country and either neglect or refuse to per- form it. The prompt and faithful performance of this duty should be enforced by heavy penalties, extending to even the dismissal from office for willfully failing or refusing to give the required aid in arresting and sending back to duty those who seek to avoid it. I recommend that the Legislature pass an act disfranchisimmg every cit- izen who shall be convicted of evading or refusing to perform the military duties required of him by law, either by leaving the State, or hiding out from home, or otherwise. Such are not fit to associate on terms of equality with the loyal and brave who return with hon- orable scars from the battle for independence. Slave labor has been employed by State and Confederate authorities on works deemed necessary for the public safety. The liberal and patriotic have cheerfully responded to the calls for slaves for this purpose, while some have refused to contribute anything, or even to send their slaves on assurance of full and ample compensation. I ask tha Page 250 250 CORRESPONDENCE, ETC. authority be given the Executiveunder such restrictions as may be deemed wiseto call out for the State or Confederate authorities such number of slaves as may be necessary for such works in the future; and that the burden may be equally borne by all I suggest that the slaves be enrolled. While asking for more stringent legislation to compel the citizen to do his duty to the State and country, I will respectfully remind the Legislature that one class of our citizens has claims upon the State as imperative and as sacred as any claim the State can have upon the soldier in this perilous hour. I allude to the families and dependents of our soldiers now or soon to be in the field. Deprived of the means of support by calling the husband and father to the Army, they may justly claim protection and supply of the necessaries of life from the State which now req uires the services of their natural protectors. The provision heretofore made by the Legislature is found to be wholly inadequate. Owing to our drouth of the past season, which extended over a large portion of the State, and the necessity of call- ing more men into the field, the number of destitute families will be greatly increased and thereby add largely to the wants of our people, who are even now in some districts suffering for bread. Such a con- dition of affairs ought not to be allowed to exist while there is means within the State to prevent it. I therefore recommend that the most liberal provisions be made by the Legislature in behalf of the families of our soldiers now in the field, and the widows and orphans of such as have fallen in defense of their country; and I further recommend in this connection that discretionary power be given to the boards of police in each county to extend any legislative provision that may be made by county taxes if such legislative provision should again be found inadequate to supply the necessaries of life to the sufferers of their i~espective counties. The most pressing want of our people at the present time is a supply of salt. During the last summer I sent agents to Virginia, Alabama, and Louisiana in order to secure, if possible, a supply of salt for the people of the State, either by pur- chase or by mining. Their missions have, however, from various e~uses proven entirely unsuccessful, except time agent to Louisiana, who succeeded in purchasing a small quantity of salt in New Iberia, in Louisiana. About 40,000 pounds of salt are now at Vicksburg, which I propose to distribute to the destitute families of soldiers. Some other contracts have been recently made for a large supply of salt, and if I should be successful in these I hope to be able to supply the State. These contracts I will be pleased to submit to any committee that the Legislature may appoint for that purpose. If these efforts should prove a failure, I know of no other source of supply but by mining on State account at New Iberia, La., where the deposit, so far as is known, is unlimited. In that event I ask that authority be given to use the slave labor of the State and the wagons and teams necessary for the mining and hauling the salt to Atchafalaya, the nearest point to steam-boat navigation. While my efforts have pro- cured but a very small amount of salt on State account, I have given all the information a~nd assistance in my power to private enterprise, and it affords me much satisfaction to say that in consequence of such information and assistance many individuals have succeeded in sup- plying themselves and neighbors with salt. I have been unable to obtain transportation .sufficient to convey the salt obtained to the interioi~ of the State. I therefore request that the Legislature will take some action in the premises so as to secure speedy transportatio Page 251 CONFEDERATE AUTHORITIES. 251 for the salt that may be obtained in the future; and as the item of bread is of vital importance to a large portion of the State, it would be well for the Legislature to include transportation for corn and wheat in any provision made for the transportation of salt. The exorbitant prices asked for every article of food, by those who are engaged in buying and selling for profit and many who produce them, is putting the means of living beyond the reach of many of our poor citizens; if permitted to go unchecked, will transfer the property of the country to the hands of the worst and least patriotic of our popu- lation. I ask that a law be passed prohibiting the buying and selling of grain for profit and its distillation into spirits, and that some rea- sonable price be fixed beyond which the extortioner cannot go with- out incurring a heavy penalty. The military bill passed at the last session of the Legislature made no provision for the appointment of the staff of the major-general of the State militia. I recommend that authority be given to the major- general to appoint his staff, as the duties of his office cannot be per- formed without such aid. Treasury notes to the full amount authorized by the Legislature at -its last session have been advanced on cotton. This act for the relief of the people and for supplying a sound circulating medium for the State has accomplished all that its most sanguine friends expected, and of the $2,500,000 appropriated by the Legislature for military purposes but $381,534 have been expended, leaving in the treasury a balance of $~2,118,466. No further appropriation in this behalf is required. For the information of the Legislature as to the condition of the State troops, I respectfully refer you to the report of Maj. Gei. T. C. Tupper, herewith transmitted. * The minute men now in the field have done good service, and they cannot be too highly commended. Their presence and efficiency have done much to restrain the inroads of the invading foe. The State armory at Brandon is doing all that could be expected, with the limited means in our possession, in the construction and repairing of arms. For full information upon this subject I refer you to the report of the chief of ordnance, herewith transmitted. * You will see by the report of the adjutant-general of the State that we now have forty-six regiments of infantry in the Confed- erate service, besides the cavalry and artillery and the unattached battalions and companies of the several arms which were organized by and reported to the Confederate authorities at Richmond, leaving no record of their existence or strength in the office of the adjutant- general in this State. Since your last session Mississippi has become the theater of war. After the fall of New Orleans and Memphis three sides of the State were exposed to the Northern plunderer. Until recently our people have suffered, compared with the four States adjoining, but little loss of property, for the enemy have been required to pay in blood for tl~e plunder they gathered on our soil. Their efforts were mainly directed to clearing the Mississippi River of the only remaining obstruction to its free navigation. Some forti- fications hastily constructed at Vicksburg were at the beginning of the contest scarcely deemed worthy of their notice, but after months past spent in bombarding, and at times the most furious that has ever occurred upon this continent, the united efforts of both the upper * Not found Page 252 252 CORRESPONDENCE, ETC. and lower fleets could not secure the safe passage of one boat. Bat- tered and bootless they retired in acknowledged defeat. The spell which attended the name of gun-boats was broken at Vicksburg. While this brilliant success to our arms, occurring on her soil, adds renown to the State, Mississippi can only claim a share of the glory of the achievement. Louisiana, Alabama, Kentucky, Tennessee, and Missouri had gallant representatives there to share the danger of the conflict and the honors of the triumph. Nor should I forget the brilliant part played in this defense by the Confederate steamer Arkansas and her heroic officers and crew. rrhough baffled last sum- mer, the enemy have worked with all the energy which wounded pride and bitter hate could give them, and are now returning to the siege with larger fleets and much larger land forces. We have not been idle spectators of their preparations, and the history of Southern tri- umph at the Hill City I hope is not yet finished. Thanks to the energy of our mechanics and the skill of our engineers, the foremost of their gun-boat fleet lies a shattered wreck at the bottom of the Yazoo River. The torpedo has at last done its work. I hail this success as a happy omen of our triumph over our enemies in the approaching strugglethat triumph must be sought by patient endur- ance and hard fighting. From all the accounts of the devastations committed wherever their troops have marched over our soil it is manifest that we have nothing to lose by fighting. Mississippi is now called on to put forth all her strength to repel the invasion of her enemies, who have discarded both the principles and practice of civil- ized warfare. The struggle is now for her existence as a State. Her sons have won for her an enviable renown by gallantry unsurpassed on many fields and attracted to her the bitterest hatred of the com- mon enemy of the Confederacy. I appeal to the Legislature for such legislation as in their wisdom they may deem necessary to enable the State to maintain the proud position among her sister States won for her by the blood of her heroic sons. Let us convince the world by our actions that all the patriotism and courage did not go out of the State with the regiments that have h~etofore gone to meet the enemy on more distant fields. If Missis- sippi is true to her former history, I have an abiding confidence that after a few months more of suffering and trials tIme God who loves jus- tice and rewards devotion will bless our land with independence and peace. JOHN J. PETTUS. GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFiCE, No. 110. Richmond, December 22, 1862. I. The attention of the Army is called to General Orders, No. 52, from this office, requiring commanding officers to report the facts and circumstances of extraom~linary valor and skill displayed by offi- cers and soldiers which may entitle them to recommendation to the President for promotion to vacancies in their companies, as provided by the act of April 21, 1862; amid due observance of said order is enjoined omi all concerned. II. The Fifty-second Article of War directs that any officer or sol- dier who shall misbehave himself before the enemy, run away, or shamefully abandon any fort, post, or guard which he or they may be commanded to defend, or speak words inducing others to do the like Page 253 CONFEDERATE AUTHORITIES. 253 or shall cast away his arms and ammunition, or who shall quit his post or colors to plunder and pillageevery such offender, being duly con- victed thereof, shall suffer death or such other punishment as shall be ordered by the sentence of a general court-martial. The eiiforcement of the foregoing article is enjoined on all officers and non-commissioned officers of the Army; and, in order the better to carry its provisions into effect, it is hereby made the duty of all company commanders to see that the company roll is regularly called before and after each battle, and to arrest and, whenever proper, report for trial by court-martial all absentees who are without the requisite excuse. The number of the Confederate Army who bring disgrace upon it by a violation of the article above quoted is happily small, and it is therefore the more incumbent that their disreputable conduct should be exposed and punished, and the fair name of the large number who respect its honor and character be thus publicly vindicated. B y order: S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS ,~ ADJT. AND INsP. GENERALS OFFICE, No. 299. Richmond, December 22, 1862. * * * * * * * X. Authority is hereby granted Capt. Frank E. Burke, Seventh Confederate Regiment Cavalry, to raise a battalion of cavalry in the States of Georgia and Alabama of men, not subject to conscription under the call of the President and the existing law. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. S An appeal to thc people of Alabama. EXECUTIVE DEPARTMENT, Montgomery, Ala., December 22, 1862. In view of the anticipated effect of the conscript law upon the militia system of the State, on the 12th day of May last I invited the able- bodied men of Alabama, not subject to conscription, to form volun- teer companies. That invitation did not receive the attention it merited. The Legislature has adopted no law for the improvement of the militia organization of the State. The impaired condition of that system leaves no means of m~iking the remaining military strength of the State available for its protection and defense, except by the formation of volunteer companies. The State is now threatened from several directions. Our unscrupulous foe has collected all his resources for one stupendous effort to subjugate and enslave us. He can never repeat the effort. He makes it the crisis of his cause. If foiled in this last desperate struggle, exhausted and dispirited he must yield the contest. Our brave people may congratulate themselves upon the opportunity to hasten the achievement of peace and independence b Page 254 254 CORRESPONDENCE, ETC. an exhibition of the fortitude and courage necessary to defeat the enemy in this last great and convulsive effort. The ultimate triumph of our glorious cause is now clearer than it has ever been. There is no reason for despondency. Our people will not shrink in this their final trial. The splendid victory at Fredericksburg will be followed by still more decisive results upon other fields. By repeated shocks the enemys vastly accumulated power will be broken. At no distant day we shall enjoy, in the blessings of peace and good government, a reward for all our suffering. Alabama must be true to herself and do her duty in the emergency. She must be ready to meet and quell the domestic and social disturbances which may spring up as the tide of war approaches; to resist hostile raids; to protect her people and their property in any assailed quarter; to give death to every wan- derer from the lines of our invading army, and if need be to increase the strength of the Confederate forces fighting upon our soil in its defense. For the accomplishment of these objects she looks and can only look to the voluntary movemenu of a patriotic peopletoo brave to suffer their cities and towns to be sacked, their homes to be dese- crated, and their eountry to be desolated, without striking a manly blow in their defense. I therefore call again upon the men and youths of the State, exempted from the service of the Confederate States by reason of their age or other cause, who are capable of bear- ing arms, to speedily organize themselves into companies to consti- tute a reserve force, subject to service in this State upon the call of the Executive. They will be called into service only when necessity requires it. Their services may never be needed, but it is the part of wisdom and nianly courage to be ready. It is the part of folly and cowardice to wait until the enemys foot is upon our soil and his muskets gleam in the hands of brutal soldiers at our doors. Shall I call in vain upon Alabamians to prepare to stand and fight upon their own soil in its defense? Alabama has given freely of her sons to our countrys cause, but her warlike strength is not yet exhausted. I send to her people my warning, and I leave it for them to decide whether, in the hour of trial which may. be before us, they will be re~zly with as much of the remaining military strength of the State as may be required. People of Alabama! I must appeal to you for your aid to the Gov- ernment in another matter. It is due to the great cause in which we are engaged; it is just to those now bravely enduring the trials and perils of actual war that all within the ages prescribed by the act of Congress, known as the conscript law, should be in the service. A considerable number of persons in every part of the State, both officers and privates, who belong to the Army and are fit for duty, are lingering at home upon various pretexts, while their more manly and patriotic comrades, with ranks thinned and weakened by their absence, bear the shock of an unequal contest. So, too, a large num- ber of persons subject to conscription are shrinking from the toils and perils which those of l~ke age are bravely enduring, and hiding from the enrolling officer, to whom pa~riotismn requires that they should promptly report themselves. Now, when the last great strug- gle of the war is upon us; now, when there is an opportunity to share in the closing triumphs of this great contest; now, when our soldiers in the field, standing with fearless resolution amid sufferings and dangers which would appall men less noble and brave, call upon those of like age with themselves for aid and relief; now, when every strong right arm is needed to strike the quick and effective blow Page 255 CONFEDERATE AUTHORITIES. 255 which are to give us peace, it is a shame and an iniquity that those two classes of persons should successfully evade the service they owe to their couutry. Every community owes it to its owu reputatiou and to the couutry to give no shelter to those who belong to the two classes above described, and to drive them by the withering punishment of public scoru to their proper places. I call upou all the officers, civil and military, of the State, aud npou all good and patriotic citizens, to give all their influence, personal or official, to constrain those persons into the path of duty and patriotism; and I especially invoke them to give their aid to the proper officers in arresting and coercing those who yield to no gentler means. It may be a disagreeable task, but the evil is great and ruinous to our countrys cause, and it is the part of the patriot now to shrink from no task, however disagreeable or dangerous it may be, when the country calls. It is the pride of Ala- bama that her soldiers never falter upon the battle-field. Let us hope that none will be permitted to hide under cover of home from their appropriate duty. I subjoin directions to guide in the formation of companies under this proclamation: 1. Each company must consist of not less than forty privates, four corporals, four sergeants, two lieutenants, and a captain. When the number of privates in a company exceeds sixty it shall be entitled to another lieutenant. The captain and lieutenants will be elected by the company, and the non-commissioned officers will be appointed by the captain. 2. As soon as the requisite number of men have been enrolled, and the company officers have been appointed, the captain will make out the muster-roll, showing the name, age, and rank of every member of the company, accompanied by the certificate of the commanding offi- cer to the correctness of the roll. rrhese muster-rolls will be at once forwarded to General H. P. Watson, adjutant-general of Alabama Militia, when the company will be at once accepted into the service of the State. 3. The companies thus formed will be subject to the order of the Governor, but will not be called into actual service except in cases of urgent n~cessity, and theu they will be employed only for purposes of local and State defense. 4. Each company will provide its own arms as far as possible, and the deficiency will be supplied by the State when the company is called into actual service. Captains of companies will be authorized to pur- chase all the powder and lead which can be procured in their respect- ive neighborhoods, and upon properly certified vouchers the State will pay for the same, which will be retained for company use, to be accounted for by company commanders. It is earnestly hoped that every man in the State who has in his possession either arms or muni- tions, which he is not able to use in the public service, will place them at the disposal of his neighbors who attach themselves to this organization. 5. It is not intended that this organization shall interfere with the business pursuits of the people, as the companies will only be called into service in cases of actual necessity; but for the purpose of acquir- ing some proficiency in drill, I request that in all our cities and large towns the business hours may be closed at S p. in., that the balance of -the day may be devoted to drilling, and that companies organized in the country will drill as often as practicable, not to interfere too seri- ously with their industrial pursuits. Even should this arrangement occasion some inconvenience, the public safety requires it and no good citizen will hesitate to adopt it Page 256 256 CORRESPONDENCE, ETC. 6. All companies reported under this proclamation will be enrolled as part of the State guard. When called into service they will be paid and subsisted by the State as other troops. Should it be thought necessary. the companies will be united into battalions and regi- ments, and in that event the field officers will be appointed by the Governor. 7. All companies desiring to do so may, by complying with its pro- visions, be regarded as an organization under the act of Congress of 13th October, 1862, a copy of which is appended to this proclamation. * Companies desiring to be so orgaiiized should report to me. In testimony whereof I, John Gill Shorter, Governor of the State of Alabama, have hereunto set my hand and caused the great seal of the State to be affixed this the 22d day of December, A. D. 1862, and of the Confederate States the second year. [SEAL.] JOHN GILL SHORTER, Governor of Alabama. By the Governor: P. H. BRITTAN, Secretary of State. EXECUTIVE DEPARTMENT Tallahassee, Fla., December 22, 1862. his Excellency JEFFERSON DAVIS, President Confederate States of America, Richmond, Va.: SIR: By direction of his Excellency Governor Milton I have the honor to inclose to you a copy of a preamble aud resolution adopted by the General Assembly of the State of Florida at its late session requesting Your Excellency to allow persons in this State liable to conscription until the 15th March, 1863, to volanteer in the Confed- erate service for the defense of the State, and most respectfully to ask your favorable consideration of the same. Very respectfully, SAMUEL BENEZET, Private Secretary to the Governor. [Juclosure.] RESOLUTION requesting the President to allow persons in this State liable to conscription until 15th March, 1863, to volunteer in the Confederate service for the defense of the State. Whereas, the citizens of the State of Florida capable of bearing arms have enlisted in the service of the Confederate States to so great an extent as to leave bnt few at home for the protection of the women and children of the State and the control of the slaves; And whereas, the number of slaves and the quantity of provisions, cotton, and tobacco in thee State left thereby comparatively unpro- tected by reason of the small number of troops serving in Florida, the proximity of the coast to the rich planting regions, and the accessibility of the country by means of the rivers Saint Johns and Apalachicola render the State an inviting field for invasion by the enemy; And whereas, a successful invasion by the enemy wOuld be attended by most disastrous results to the country at large in the loss of a *See p. 206 Page 257 CONFEDERATE AUTHORITIES. 257 large number of slaves and a vast quantity Qf provisions, and in the evil of having our entire population thrown for support on the already burthened resources of other parts of the Confederacy, and in addition thereto the State would become a rendezvous for fugitive slaves from Alabama and Georgia: Therefore Be it resolved by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the President of the Confederate States be, and he is hereby, requested to exempt all citizens of the State of Florida from couiscription who shall by volunteer enlistment enter the C. S. service by the 15th day of March, 1863, to be mustered into said service expressly for the defense of the State. Passed the house of Representatives December 11, 1862. Passed the Senate December 12, 1862. Approved by the Governor Decem- ber 13, 1862. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 22, 1862. Mr. BERNARD AVEGNO, Commercial Agent of the Gonfederate States at Vera Crnz: SIR: It is hoped by this Department that your position as coinmer- cial agent at Vera Cruz will afford you the opportunity to render val- uable assistance in obtaining for it munitions and army supplies. Besides the general advantages offered by that city as affording in a contiguous country a neutral port of convenient access, peculiar facil- ities will probably at this time be afforded of introducing or procuring there such essential supplies for our armies, from the occupation of the city and a large portion of Mexico by the forces of the Emperor of the French, and the consequent necessity of the importation there under the French flag of large quantities of the articles wanted by us. I need not suggest to you the various means by which under such circumstances the supplies we need may be introduced with but little liability to the risk of seizure as contraband of war, or may be pro- cured fliere from French citizens who may have brought them with a legitimate view to the supply in the first instance of the requirements of their own Government and its army. Your own experience and intelligence will best suggest or devise the most judicious and feasible modes of procedure. On the presumption that such opportunity will not be lost by you, I have caused to be made out, and you will here- with receive, lists from the heads of bureaus of this Department of the munitions, stores, and army supplies which are most desirable to be obtained. Should you succeed you will contract with the parties with whom you deal, or otherwise arrange, that the articles obtained or contracted for shall be delivered to agemits or officers of this Depart- nient at Matamoras, or some other town of Mexico equally convenient to our border, to be there on receipt paid for either in sterling exchange, coin, or cotton at itsvalue in coin at the place of delivery. Arrangements will be made by this Department with the Treasury Department to have such .payments promptly made. I should like- wise add that to secure the proper quality of the articles required they should be subject to inspection and approval by some competent officer or agent of this Department either at Vera Cruz or at the point of delivery. On notice by you of such prospect of success as would justify the presence of such inspecting officer or agent, he will be 17 R nSERIES IV, VOL I Page 258 258 CORRESPONDENCE, ETC. appointed or sent either to that city or to the point of delivery, as you may advise. Report from you, as early and whenever the opportunity offers, of your prospects and proceedings will be acceptable to the Department. Very respectfully, youis, JAMES A. SEDDON, Secretary of War. [DECEMBER 23, 1862.For proclamation of Jefferson Davis, de- nouncing Benjamin F. Butler as a felon and outlaw, see Series II, Vol. V, p. 795.] Hon. JAMES A. SEDDON, MONTGOMERY, December 23, 1862. Secretary of War: Randolph County defies enforcement of conscript act; an armed force made jailer surrender keys and liberated deserters. Infection will spread unless promptly arrested. Advise sending battalion of Colonel Hannons cavalry regiment, now at this place, to Randolph County. Major Hannon, commanding conscript camp, and the State can supply arms, & c. Major Swanson needs another company of same regiment, the greater portion of the company he has being out after deserters from his camp. I say again, speedy action is necessary or deserters from every quarter will increase. Unreliable conscripts from this State should be sent to Virginia at once. JOHN GILL SHORTER, Governor of Alabama. ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, December 24, 1802. lion. JOHN GILL SHORTER, Gocernor of Alabama, Montgomery, Ala.: Please communicate following order to Colonel Hannon, viz: Proceed immediately with your battalion of cavalry to Randolph County, Ala., and there take efficient measures to enforce the conscript act. Suppress infection and arrest deserters. If possible send a company of your regiment to Major Swanson. The State will furnish you with arms, & c. Please also communicate the following to Capt. R. H. Powell, viz: You are assigned to the command of Camp Watts, Ala. Report orders to Major Swanson. S. COOPER, Adjalant and Inspector General. EXECUTIVE DEPARTMENT, Tallahassee, Fla., December 24, 1862. His Excellency JEFFERSON DAVIS President of the Confederate States of America, Richmond, Va.: SIR: By direction of the Governor I have the honor to transmit to Your Excellency copies of resolutions passed by the General Assembly of the State of Florida at its late session, viz: Resolution to guara Page 259 CONFEDERATE AUTHORITIES. 259 tee by the States the debt of the Confederate Government ;* resolution in relation to the present war. Very respectfully, SAMUEL BENEZET, Private Secretary to His Excellency Governor John Milton. EXECUTIVE OFFICE, Jackson, Miss., December 24, 1862. GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES: The sick and wounded soldiers from the State of Mississippi demand at the hands of the Legislature that attention which will insure their comfort and proper treatment. The hospital system of the C. S. Army is iiecessarily imperfect, and it has failed to give that speedy relief to our suffering soldiery which their cases often imperatively demand. A more perfect system of hospitals, perhaps, under existing circum- stances cannot now be established without the assistance of the States themselves. I have good reason to believe that separate State hospitals, whenever they have been permitted to be established by the Confederate authorities, have done much good. And it is believed also that the appointment by State authority of skillful and efficient surgeons to visit the hospitals in the different departments and see to the condition of our sick and wounded soldiers would result in much good. I therefore recommend that the Legislature make provision by law for the appointment of at least two competent surgeonsone for the De~1artment of Virginia and the other for the Westwhose duty it shall be to attend to the wants of our sick and wounded in their respective departments. JOHN J. PETTUS. [DECEMBER 24, 1862.For Governor of Texas to Magruder, iii rela- lion to calling out at once all the militia the State can possibly arm, ~e Series I, Vol. LIII, p. 840.] C. S. WAR DEPARTMENT, ENGINEER BUREAU, Richmond, Va., December 26, 1862. lion. JAMES A. SEDDON, Secretary of War: SIR: I have the honor to present the following report and recom- mendatious relative to the engineer service of the C. S. Army: During the past campaign the greater part of the officers composing the Corps of Engineers have been actively employed in the direct line of their profession, but the emergencies of the service have called to other duties a number of the officers belonging to the regular corps who have had the most experience as military engineers. Of the thirteen officers composing this corps, and formerly in the U. S. Army, seven have been thus deta~hed, and four of the remaining six had a very limited experience in the former service. The great and respon- sible labor of the military engineer in our Army has been in conse- quence committed to the officers of the provisional corps, who have been necessarily appointed from the civil engineers of the country. Many of these, though of clever attainments in their profession, had *8cc December 15, p. 237. ISee December 11, p. 233 Page 260 260 CORRESPONDENCE, ETC. had no experience in military constructions up to the date of appoint- ment, and had therefore much to learn at the same time they were called on to reduce it to practice. With but few exceptions these officers have been constantly and actively employed in their pro- fession, some as reconnoitering and topographical officers with the mobolized armies of the Confederacy, also in the construction of roads and bridges needed for the advance of our forces, or in their destruction to retard the enemy; others in the location and erection of works of defense for the protection of points vital to the public safety and in the construction of barriers in river and harbor channels. The many points to be defended have caused a wide distribution of the officers on engineer duty, viz: To the Trans-Mississippi, the Mis- sissippi Valley, the Gulf Coast, rivers flowing into the Gulf, the Department of South Carolina and Georgia, Eastern North Carolina, Petersburg, Richmond, Northern Virginia, Western Virginia, and Tennessee. To perform the engineer service throughout this exten- sive field there are available six officers of the Corps of Engineers, Army of the Confederate States, and ninety-three officers of the pro- visional corps; but a part of the latter are called from time to time to other duties, as the construction of the Piedmont Railroad, the link of railroad from Rome, Ga., to the Blue Mountains in Alabama, the New Orleans and Texas and Texas and New Orleans Railroads, and to assist in the service of the Niter Bureau. The officers, being zeal- ous and untiring, have accomplished much, but over the wide field of operations for our armies much has been, for the want of more engi- neers, unavoidably left undone. As yet our armies are without regu- larly organized engineer troops. Two or three companies of men only have been formed by selecting mechanics from some of the regi- ments in the service and assigning them to do the duties of engineer troops, but we have not even one company of pontoniers nor a pon- toon train. These deficiencies ought to be supplied as soon as possi- ble, and I beg to urge upon your favorable consideration the impor- tance of adding to the armies in the field the following organization of engineer troops. With the present strength of the Confederate Army them~e should be at least 4,000 engineer troops to perform the following duties, viz: Under engineer officers assist in making reconnaissances and surveys of the country occupied; lay out, construct, and repair roads, prepare and place pontoon and trestle bridges; mark out and aid in the construction of all military works, defensive or offensive, viz, field forts, military trenches, parallels, saps, mines, and other works of attack, batteries, lines of infantry cover, rifle-pits, and works for obstructing rivers and harbors. The inca should be selected for their skill in some mechanical branch of labor, as carpenters, masons, blacksmiths, wheelwrights, boat-builders, caulkers, saddlers, shoe- makers, & c., and having the requisite skill they should receive higher pay than that allowed by law to the soldiers of the line. In the organi- zation of a company there should be the following grades: Sergeant or master workman, corporal or overseer, private of the first class or artificer, and private of the second class or laborer. Each company to be commanded by a captain of engineers and three lieutenants one first and two secondto be det~iled from the line of the Army to serve with the company. The strength of a company to be as follows: Seven sergeants, 7 corporals, 2 musicians, 40 artificers, and 45 laborers, making a total of 101 rank and file. These companies to be organ- ized into regiments of ten companies each. The regimental officers to be one colonel, one lieutenant-colonel, one major, one adjutant, with the rank of captain; one quartermaster and commissary, wit Page 261 2(31 CONFEDE1~ATh AUTHO1~ITIES. the rank of captain; one sergeant-major, .and one quartermaster- sergeant. As the conscription has taken into the Army the citizens of the conntry between the ages of eighteen and forty, it will be necessary in forming the engineer companies to select the men from the troops now in service. Unless this be authorized it will require so long a time to organize the number of companies needed that much injury will result to the service. The term of service in the engineer com- panies for the men selected from the line should be equal to the remainder of the period for which they are already bound. An intelligent class of officers to serve with the engineer troops can be selected, I doubt not, from the lieutenants, sergeants, corporals, and privates now in the line of the Army, and I think one of the greatest merits of the plan proposed is that promotion is thrown open at once to the meritorious men in the ranks or lower grades of our Army. The selections for service in the engineers should be made from the particular army or army corps with which they are intended to serve. This will guarantee a fair distribution of the promotions throughout the service and greater certainty of advancement for merit alone. I propose that two of the ten companies composing each regiment be assigned to serve as pontoniers, each to be provided with a pontoon train complete, making eight trains for the engineer organization; that the colonel of engineers in charge of the Engineer Bureau, sub- ject to the approval of the Secretary of War, shall prescribe the number, quantity, forms, dimensions, & c., of the necessary wagons, pontoons, tools, implements, and other necessaries for each train. To supply the requisite number of officers of engineers to serve with the engineer troops, I propose that there be added to the Corps of Engineers, Provisional Army, four colonels, four lieutenant-colonels, four majors, and forty captains, with the same pay and ~iJlowances as now fixed by law. I propose the following as the monthly pay of engineer troops: That of sergeant-major, quartermaster-sergeant, and sergeant or master workman, $40; that of corporal or overseer, $30; privates of the first class or artificers, $23; nmusicians, $20; and privates of the second class or laborers, $18, with the same allowances as to other troops. I would under existing circumstances assign the four regiments of engineers as follows, viz: One regiment to the Army of Northern Virginia, now under the command of General Lee; one to Eastern and Middle Tennessee; one to the Valley of the Mississippi, including the Trans-Mississippi and the Gulf Coast; and the fourth to Charleston, Savannah, Wilmington, the eastern part of North Carolina, and as far north as Petersburg, Va. These troops will add vastly to the efficiency of the engineer service and facilitate the movements of our armies iii the field. Measures have been already taken by this Bureau to commence the construction of pontoon trains, and the work will be pressed forward as rapidly as the limited resources of the country will admuit of. Authority hias been given also to the senior engiheer officer serving with the armies in rVennessee to prepare a train for immediate use in the Western Department, where one is much wanted. Every effort has been made by this Bureau to press forward the defensive works of the country, both of the coast and inland, and it is believed, even with our limited means, that enough has been or will be done at the most important points to give comparative security. The policy of defending all the inlets of our coast has been wisely abandoned and our strength con- centrated at the great military and commercial points. In fact, such concentration, both for coast amid inlan(l defense, is a necessity, an Page 262 262 COltRESPONDENCE, ETC. by it alone can we oppose successfully tjie great strength and num- bers of our invaders. It has been my wish to have examinations and surveys made by com- petent military engineers at each place where our depots and bases of operations have been established, with a view to the prompt location and erection of defensive works for their protection in case the enemy should unfortunately penetrate toward the heart of the Confederacy. It might be wise to mark out on the ground even the outlines of the necessary works, so that a large laboring force might be in the emer- gency occupied at once in their construction. Important as are these measures, they have not been entered upon for tIme want of officers of engineers to perform the duty, but as soon as other calls of immediate necessity will permit this service will be undertaken. Engineer offi- cers serving with troops in the field prepare maps, whenever possible, of their reconnaissances and surveys and forward them to this Bureau for file, but the want of time and opportunity has made it difficult for them in most cases to carry out my instructions in this regard. Respectfully submitted. Your obedient servant, J. F. GILMER, Colonel of Engineers and Chief of Bureau. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., December 26, 1862. His Excellency JOSEPH E. BROWN, Miilledgeville, Ga.: SIR: The President referred to this Department your letter of November 24, covering the resolutions of the Legislature of Georgia, requesting flie return of a part of the powder loaned to the Govern- ment by that State; but owing to an accidental detention, under the pressure of business, your communication did not reach me until yesterday. I immediately directed the Chief of Ordnance to order Colonel Rains, at Augusta, to place 10,000 pounds of powder at your dis~sal, and informed you of my action by telegraph. Recent de- mands from your section of the country have drawn so largely upon our supplies of ammunition in that quarter as to render it inexpedient, in the opinion of the Chief of Ordnance, to furnish a larger quantity at present, but the Government recognizes to the full extent its obli- gation to return the powder so patriotically placed at its disposal by the State of Georgia; and should it be needed the quantity mentioned in the resolutions of the Legislature (25,000 pounds) will be delivered to your order from any of the arsenals in the State which may be most convenient to the points threatened. I trust, however, that your anticipations of trouble with the slaves during the Christmas holidays will not be realized. With sentiments of esteem and respect, your obedient servant, JAMES A. SEDDON, ______ Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, December 26, 1862. DAVID IRWIN, Esq., llliarietta, Ga;: SIR: Your letter requesting a reconsideration of mny decision against exemnption of firemen has been received. The act of Congress doe Page 263 CONFEDERATE AUTHORITIES. 263 not exempt firemen from service. The Department found that it could not make an exemption for one place and not grant the same privilege to another. Applications had come from a number of other cities, and complaints were made that the exemption of this class only furnished a convenient covering for capable arms-bearing men to escape a charge imposed upon the body of the people. The first want of the Confederacy is for men to meet the enormous and well-equipped armies of our enemy, and to furnish them every community must forego munch that is necessary to its convenience and security. The Department therefore can find no safe rule in administering the law of exemption except that of adhering strictly to the statute. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of IVar. EXECUTIVE DEPARTMENT, Alilledgeville, December 29, 1862. His Excellency JEFFERSON DAVIS: DEAR SIR: I inclose you herewith copy of resolutiom~s passed by the General Assembly of this State, which were approved on the 13th instant, for the organization of two regiments of State troops for the protection of the people of this State against the inroads of the invader and for the performance of police duty within the limits of this State; to maintaimi the public peace and the security of our wives and chil- dren against servile insurrection or rebellion. In your letter to me of 29th of May last you say: Congress may call forth the militia to execute Confederate laws. The State has not surrendered the power to call them forth to execute State laws. Congress may call them forth to repel invasion; so may the State, for it has expressly reserved this right. Congress may call them forth to suppress insurrection; and so may the State, for the power is inmpliedly reserved of governing all the militia except the part in actual service of the Confederacy. In c~formity to your opinions as above expressed the Legislature of this State have, by their resolutions, authorized me to raise said two regiments out of any of the militia of this State who are not in the active service of the Confederacy or out of any other able-bodied men who may volunteer. Sincerely desiring harmony and concord between the State and the Confederate authorities in all matters per- taining to the common defense, I have instructed the militia officers of this State, in mustering volunteers into her service, to munster in no one between the ages of eighteen and forty-five who has been actually enrolled into Confederate service by any enrolling officer of that service The doctrine of the concurrent jurisdiction of the State and the Confederacy over the militia, in case of invasion or insurrection and for the execution of their laws, ~espectively, having been laid down by you in plain terms, the General Assembly have preferred to act upon that doctrine, and, without waiving the right of the State over her whole militia, to confine the organization which they direct to such of her militia as have not been actually enrolled into Confederate serv- ice. I shall require of the State officers a strict conformity to this direction of the General Assembly of the State, and respectfully request that you give such 6rders to your enrolling officers within this State as will cause them to act upon your own construction of th Page 264 264 CORRESPONDENCE, ETC. Constitution as above quoted, and to interfere with no part of the militia of this State who have been called forth by the State and actually mustered into her service to be used for the suppression of insurrection and the repulsion of invasion. Inclosed I also send copy of the general order from the office of the adjutant and inspector general of this State, under which the two regiments are to be organized. I am, with great respect, your obedient servant JOSEPH E. BROWN. [Inclosure No. 1.] Resolutions passed by the General Assembly of Georgia authorizing the Governor to organize two regiments of State troops to be employed in the military service of the State for the protection of her people against the invading forces of the enemy and for internal police duty. Resolved by the General Assembly, That the Governor be, and he is hereby, authorized to call into the service of the State two regiments of militia, to consist of companies not exceeding 100 men, rank and file, including tihe two companies now in service oii the Western and Atlantic Railroad; such amount of said force to be employed for guarding and protecting the railroad bridges of this State as he may deem necessary, and the remainder of said force to be used for such purposes and at such points in this State as to His Excellency shall seem advisable. Resolved further, That His Excellency the Governor be, and he is hereby, authorized in raising said regiments to advertise and call for volunteers from all the militia except the part in actual service of the Confederacy, and from such able-bodied citizens of this State not subject to military duty as will volunteer, stating where each regi- ment will be located or expected to perform service; and the same shall be organized by the adjutant-general of this State pursuant to the laws of force in said State and such rules and regulations con- sis~ent therewith as he may prescribe therefor. Resolved further, That the regiments so organized shall be gov- erned by and subject to the Rules and Articles of War of the Con- federate States, the military laws of the Confederate States, and the Confederate Regulations for the Army, so far as consistent with the constitution of Georgia. Resolved further, That the pay and allowances of tIme officers, non- commissioned officers, musicians, and privates shall be the same as in the Confederate Army, and drawn from the military fund provided for the year 1863 according to the usage now obtaining. WARREN AKIN, Speaker of the House of Representatives. L. CARRINGTON, Clerk of House of Representatives. JOHN BILLUPS, President of the Senate. JAMES M. MOBLEY, Secretary of the Senate. Approved December 13, 1862. JOSEPH E. BROWN, Governor Page 265 CONFEDERATE AUTHORITIES. 265 [lnclosiire No. 2.] GENERAL ORDERS, STATE OF GEORGIA, ADJT. AND INSP. GENERALS OFFICE, No. 23. ) Milledgeville, December 17, 1862. Under the resolution of the General Assembly assented to Decem- ber 13, 1862, authorizing two regiments to be organized for the service of the State, the Governor will accept the first fifteen companies ten- dered that shall consist of not less than 90 nor more than 100 men, rank and file. In addition, he will accept three companies to be made up within the connties of Gilmer, Fannin, Union, Towns, Rabun, Habersham, White, and Lnmpkin as soon as tendered, if made np within a reasonable timesay thirty days from the date of this order. In his opinion reasons exist which justify the exception from the State at large of the counties above named, and he hopes that those citizens within these counties who may have been dissatisfied will no longer stand out against the laws of their country, but will, now that an opportunity is offered, take up arms in defense of their own State. All the companies thus raised will serve within the limits of Georgia, and so soon as ninety-four men are actually associated together, will elect their company officers, to wit, captain, first, second, and third lieutenants, pursuant to the laws now of force in the State. These eighteen companies, when organized, together with two com- panies of bridge guards already in service, will be formed into two regiments of ten companies each. The ten companies organized near- est the upper line of the State will constitute the first regiment, and the ten companies organized nearest the lower line of the State will form the second regiment. Until further orders the headquarters of the first regiment will be at Atlanta and of the second regiment at Macon, though the companies of each will be stationed at different points alid be moved frequently, either by detachments or by com- pany, through the counties of that division of the State to which they may be attached, the better to suppress insurrection and to preserve the public peace. When necessary the companies of each regiment will be ~ncentrated or otherwise combined, as in the opinion of the Governor the interests of the State may require. By the resolution of the General Assembly authorizing these regi- ments, it is provided that the Governor shall advertise and call for volunteers from all the militia except the part in actual service of the Confederacy, and from such able-bodied citizens of this State not sub- ject to military duty as will volunteer. It is to be distinctly under- stood, therefore, that no one between the ages of eighteen and forty- five will be received who has been actually enrolled into the Confed- erate service by any enrolling officer of that service. On the other hand, the Legislature claims the right for any one to volunteer for the State service who is not in actual service in the Confederacy; and it is expected that no one who has been mustered into the State service will afterward be disturbed by any enrolling officer. As these two regiments are auxiliary to the great objects of the Confederacy, there is no reason why perfect harmony should not exist between the State and the Confederacy in thefr organization. Any colonel, lieutenant- colonel, major, or captain of the militia in actual commission is hereby authorized to muster into the service of the State any and all persons presenting themselves as volunteers, and as fast as mustered in to give to each a furlough of fifteen days and a certificate that he has been so mustered in; and if any person thus mustered in does not within fifteen days associate himself with one of the first fifteen com- panies to be formed, as al)ove p~ovided, and tendered to the Governor Page 266 266 CORRESPONDENCE, ETC. he will be considered as discharged from service without cost to the State. ,Any company failing to tender as one of the first fifteen will be rejected, and the individuals composing it will no longer be con- sidered as in the service of the State. As these regiments may be needed during the war or for a shorter period, they will be taken into the service for no specified term, but until disbanded. The pay and allowances of the officers, non-com- missioned officers, musicians, and privates of these regiments will be the same as in the Confederate Army. The following oath of allegiance will be administered by mustering officers to such as may volunteer: I, , do solemnly swear or affirm (as the case may be) that I will bear true allegiance to the State of Georgia, and that I will serve her honestly and faithfully against all her enemies or opposers whatsoever, and observe and obey the orders of the Governor of the State of Georgia and the orders of the officers appointed over me, according to the rules and articles for the government of the troops of Georgia. Sworn to and subscribed before me at this the day of - , 18. The following certificate will be given to persons mustered in as above: I certify that has this day been mustered into the military service of the State of Georgia by me under General Orders, No. 28, of December 17, 1862, from the adjutant and inspector generals office, and that he has a fur- lough for fifteen days from this date, with the privilege within that time to associate himself with any volunteer company which he may select and to assist in its organization, with the right to vote for his officers. The officer mustering in will forward the name of each person so mustered in to the adjutant and inspector generals office. By order of the commander-in-chief: HENRY C. WAYNE, A6jntauf and Inspector General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 112. Richmond, December 30, 1863. I. The Bureau of Superintemident of Conscripts having been estab- lished in this city Under the direction of Brig. Gen. Gabriel J. Rains, all reports, returns, and communications from commanders of camps of instruction will hereafter be addressed to that Bureau. II. The Ordnance Bureau will hereafter transfer to the Quarter- masters Department all ordnance, ordnance stores, arid supplies for which transportation may be required, which department will be charged with and responsible for the safe and speedy delivery of the same. By order: S. COOPER, A~jntant and Inspector General. STATE OF SOUTH CAROLINA HEADQUARTERS, Hon. JAMES A. SED~ON, Golumbia, December 30, 1862. Secretary of War: SIR: I have the honor to inclose certified copy of Au act to organize and s pply negro labor for coast defense, & c., to which I ask your I have the honor to be, very respectfully, your obedient servant, M. L. BONHAM Page 267 CONFEDERATE AUTHORITIES. 267 [Inclosiire.] THE STATE OF SOUTH CAROLINA. At a General Assembly begun and holden at Columbia on the fourth Monday in November, in the year of our Lord one thousand eight hundred and sixty-two, and thence continued by divers adjourii- ments to the eighteenth day of December, in the same year. AN ACT to organize and supply negro labor for coast defense in compliance with requisitions of the Government of the Confederate States. SECTION 1. Be it enacted by the Senate and House of Representatives now met and sitting in General Assembly, and by the aathority of the same, That from and after the passage of this act this State shall be divided into four territorial divisions as follows, to wit: Division No. 1: The judicial districts of Pickens, Greenville, Spar- tanburg, Anderson, Union, York, Chester, Laurens, Abbeville, and Newberry to constitute the first division. Division No. 2: The judicial districts of Lancaster, Kershaw, Chesterfield, Marlborough, Darlington, Marion, Sumter, Clarendon, Williamsburg, and lorry, including Upper All Saints, to constitute the second division. Division No. 3: rrl~e judicial districts of Fairfield, Richland, Lex- ington, Edgefield, Baruwell, and Orangeburg to constitute the third division. Division No. 4: The judicial districts of Charleston, Colleton, Beau- fort, Georgetown, including Lower All Saints, to constitute the fourth division. SEC. 2. That the negro labor hereinafter required shall be furnished by the several di.~tricts aforesaid as follows, to wit: First, by division No. 2; next, by division No. 3; next, by division No. 1, and last, by division No. 4. SEC. 3. That as soon as the Governor shall have received from the Confederate Government, through the proper officer authorized thereto, written a~sent and agreement to the terms and conditions hereinafter set forth, he shall call for such labor as may be demanded by the Confederate military authority from the several divisions in the order aforesaid, to be furnished by the slave-holders thereof in proportion to the slave population as specified in the last census return of this State: First. That the slaves liable to this call shall be the same that are liable to road duty in this State. Second. That it shall be the duty of the commissioners of roads and the authorities of incorporated cities, towns, and villages not subject to the jurisdiction of the commissioners of roads in the performance of road duty in the several districts to summon the owners to furnish their respective quotas of slave labor which the Governor shall require. Third. That each levy under the call shall serve for one month, and until relieved in turn by the next levy; and if the said commissioners of roads or any of them shall neglect or refuse so to summon such slave-owners to send their said slaves in pursuance of the requisition aforesaid, such commissioners or commissioner shall suffer for each and every such neglect or default the same pains and penalties, and in the same manner, as now prescribed by statute law in this State, and that the boards of commissioners shall have power to appoint commissioners in such divisions as are now vacated ~ the absence of ~ommnissioners in the present war, for the ensuing year, from citizens of any age. Fourth. That such notic Page 268 2f~8 CORRESPONDENCE, ETC. shall be given by the engineer or other officer of the Confederate Government of all requisitions for negro labor, except the first, as will enable the owners of slaves to have thirty days from the time of summons to the time of furnishing their respective quotas of slaves; that the first requisition may be made with such notice as the urgency of the case will permit. Fifth. That the Confederate authorities shall furnish transportation by railroad from the depot nearest the owners residence, the owner to transport his or her slaves, at his or her own expense, to such depot, irrespective of the distance of such depot from his or her re~idence. Sixth. That rations shall be supplied by the Confederate authorities to the said slaves from the time of their arrival at such depots until their return to the homes of their owners. Seventh. That the pay of each slave shall be eleven dollars per month, to be paid by the Confederate Government, and to be sheltered and receive all proper medical attendance in case of sickness. Eighth. That the Confederate Government shall be liable to the owner for any loss or damage of or to the slave or slaves during his or their service, or from disease contracted in service, such liability to commence on the arrival of such slave or slaves at the railroad depot for transportation and to continue until his or their return to the same, and the value shall be assessed as hereinafter provided. SEC. 4. That a State agent shall be appointed by the Governor, who shall receive for his services the pay of a lieutenant-colonel of infan- try, as allowed by the Confederate Government during his employ- ment, to be paid to him monthly by the Confederate Government, and there shall be also one overseer for every one hundred slaves, said overseers to be selected by the owners, or their agents, and to receive each fifty dollars per month during his employment, to be paid monthly by the Confederate Government; these said overseers to be, during their employment, subject to the orders and the jurisdiction of the Confederate military authorities. SEC. 5. That it shall be the duty of the State agent to visit all the camps of the laborers, to examine their condition, to observe their treatment and discipline, to examine their food, both as to quality ~nd quantity, and see that it is the proper ration for each, as is allowed by law, and particularly to inform himself as to their medical and surgical attendance and care and, whenever required, to report the same to the Governor; and especially at the conclusion of the tour of service of each bevy it shall be his duty to make such a report to the Governor, in whose possession it may be open for examination by the owners of the said slaves. SEC. 6. That it shall be the further duty of the State agent to col- lect and receive the slaves as they shall be called into service at the several railroad depots where they are to be delivered, to give receipts thej~efor to the owners or their agents at such depots, and send for- ward the said slaves to their points of destination; and he shall also be present at the assessmjment of the slaves, hereinafter provided, and see that the same is made in duplicate, and certify the same, one copy to be given to the owner and the other to be retained by the Con- federate authorities: SEC. 7. That it shall be the duty of the said State agent to certify the bills for the pay of the said slaves for their respective owners, specifying the number of the said slaves, the time they have been employed, and the names of the owners, which bills, so certified, shall entitle the owners by themselves, or the order indorsed thereon, to receive the same from Confederate authority Page 269 CONFEDERATE AUTHORITIES. 269 SEC. 8. That in case of any attack by the enemy the slaves shall be immediately removed to some place of safety, and it shall be the duty of the State agent and overseers to carry this provision promptly into execution, subject to the order and direction of the Confederate com- manding officer at the time and place where the slaves are employed. SEC. 9. That before the slaves shall be employed in labor by the Confederate authorities they shall be assessed by an assessor to be chosen by said authorities, and an assessor selected by the owner or State agent; the assessment .shall be in writing and contain the name of the owner, the name or names of the slave or slaves, and his or their respective value or values, to be taken in duplicate in presence of the State agent, who shall certify the same, one copy to be delivered to the owner and the other to be retained by the Comifederate author- ities, amid such assessment shall be conclusive of the value of said slave or slaves. SEC. 10. That it shall be the duty of the commissioners of roads to see that one or more of their number be present at respective railroad depots, where the said slaves are delivered to the State agent by the owner, to verify the quota which each owner is bouiid to furnish under the call, and in default thereof they shall be liable to the same pen- alties as now provided by law for not summoning hands to work on the railroads in the several districts. SEC. 11. That if any owner of slaves shall neglect or refuse to send his slave or slaves liable to the call hereinbefore mentioned after the notice herein provided shall have beemi given him or her by the com- missioner so to do, such owners shall be liable to the same fines and penalties now provided by statute law for default in the performance of road duty, of which default the Board of Commissioners shall have full jurisdiction. SEC. 12. That no slave-owner shall be exempt from supplying slave labor for such requisitions by reason of his slave or slaves being employed at the passage of this act in manufacturing or on railroads, or in the boiling of salt, or in any Government contract; but in such ease the owner may commute for such service by paying into the State treasury ~! sum of money to be computed at eleven dollars per month for each of such slaves for the time their labor would have been required under this act. SEC. 13. That in the apportioning of the levies in the said several divisions slave-owners who have already furnished the slave labor shall be credited therefor in the requisitions to be made under this act, and no more labor shall be required froni such owners than may be sufficient, with the labor already furnished by them, respectively, to make up their respective quotas. In the Senate house the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina. W. D. PORTER, Pre8idertt of the Senate. A. P. ALDRICH, Speaker of the House of Representatives. SECRETARY OF STATES OFFICE, - Golumbia, December 29, 1862. I hereby certify the foregoing to be a true copy of an act entitled An act to organize and supply negro labor for coast defenses in co Page 270 270 CORRESPONDENCE, ETC. pliance with requisitions of the Confederate Government, ratified the 18th day of December, A. D. 1862, and now on file in this office; words Government of the interlined on first page before certifying. Given under my hand and the seal of the State. [SEAL.] WM. R. HUNTT, Deputy Secretary of State. SPECIAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 306. Richmond, December 31, 1862. * * * * * * XV. Maj. George Johnston, quartermaster, is hereby assigned to duty as inspector of field transportation. He will receive from time to time instructions from the Quartermaster-General and will be governed accordingly. * * * * * * * By command of the Secretary of War: JNO. WITHERS, A8si.stant Adjutant- General. 1862. General S. COOPER, RICHMOND, VA., December 31 Adjutant and Inspector General: GENERAL: Having asked a conference of the presidents and super- intendents of the railraads in the Confederate States on the 15th instant at Augusta, Ga., for the purpose of consultation as to Gov- ernment transportation, I have the honor to report the result of that conference and of my subsequent action: Agreeably to my call there was a general attendance, and, after organizing, I read to the convention a letter (copy of which is hereto attached and marked A) setting forth as briefly as possible the object t~ be accomplished and expressing a desire on my part to do all that I could to aid the roads. Whereupon the convention appointed three committees, one to confer with me and report business for the conven- tion; one to take into consideration a tariff of charges for Govern- ment transportation, and one to report a schedule to be run between Richmond, Va., and Montgomery, Ala. The committee appointed to confer with me had under consideration a plan or system to be adopted by which to carry on Goverunient transportation. This committee was unable to agree and so reported to the convention, but submitted a plan which had been suggested by a part of the committee, and which I believed would work satisfactorily. In the report of the convention this plan appears as having been proposed by me, whereas it was, as I have said, suggested by a part of the committee; but as they could not agree and did not submit a majority and minority report this method was taken to bring some plan before the convention. Upon this plan some debate was had; and when it was put to vote it was rejected, as will be seen by the report of the convention (which is hereto attached and marked B). Having rejected this plan, a resolution was intro- duced expressing an earnest desire to co-operate with me in carrying on Government transportation, but failing to agree upon any definite plan of action I regarded the resolution as of no value beyond the expression of the good wishes of the convention. The committe Page 271 CONFEDERATE AUTHORITIES. 271 to whom was referred tariff of charges for Government transporta- tion made a report proposing a very considerable advance npon the present rate. While it was under consideration I said to the conven- tion that I had hoped the tariff of charges would not have been dis- turbed for the present; that while there were roads that ought to receive a larger compensation than at present, there were, I was satis- fied, others that were fully remunerated by the present rates; that I did not think a nniform rate just, but I should require more time than I then had to enter into any consideration and agreement for a change, and that I should feel bound to report against the tariff of charges then proposed; yet, upon the report. ot this committee being put to vote, it was, with some modification, adopted by the conven- tion. In my judgment this tariff is not equitable with any classifica- tion of the railroads that can be made, and I respectfully submit whether or not the action of the convention in this particular shall be ratified. The committee to whom was referred a schedule between Richmond, Va., and Montgomery, Ala., failed to arrive at anything satisfactory. Having in my judgment failed to accomplish anything practicable by the action of the convention, I addressed a circular to the presidents of the railroads in the country (copy of which is hereto attached and marked C), asking that the superintendent of each road be allowed to act as my assistant in conducting Government transportation and indicating his duties in so doing. To this circular I hope for a favor- able response, and I trust a system may be built up from it which will result satisfactorily. Having thus stated the action of the convention of the presidents and superintendents of railroads and what I have done to organize a system of Government transportation, it may be proper for me to give some idea of the origin of the difficulties and detentions of the transportation of Government freights, which it is proposed to obvi- ate by my appointment. Amongst the first and most important is the disregard many army officers have for the private property of rail- road companies; as, for instance, ordering rolling-stock from one road to anot?ier without making any effort or provision for returning it, or even without examining into the safety of the cars to run. Impress- ing cars and engines has been a common occurrence, and to such an extent has the ordinary routine of employ6s been interfered with that they cease to feel a proper interest in conducting a business which invests them with no responsibility so long as quartermasters are exercising a quasi control of the road and its stock. This involves the Government in much additional expense and causes the demor- alization of railroad employ~s. At some depots where ordinarily the railroad companies would transship freight at their own expense, quartermasters feeling that some extra vigor is necessary in times of such delay, will employ labor at Government expense to do the transshipping or loading which~ should properly be done by the rail- road companies. This plan having once been started must continue so long as there is any interference with freights after the Govern- ment agents turn it over tothe railroads. The railroad employ6s are much more competent to perform all the duties pertaining to the safe and rapid transportation of freights than any one not conversant with the very many details connected therewith, but they can only remain efficient so long as they are held to an entire and strict responsibility. In regard to these difficulties I would suggest that they might be reached and remedied by a general order, the details of which I wil Page 272 272 CORRESPONDENCE, ETC. furnish if my views are carried out. As of still greater importance than the foregoing difficulties I would ask attention to the actual con- dition of the rolling-stock and machinery now in use, and the scarcity of men to operate the roads and repair the machinery. Many of the roads had scarcely enough of anything at the beginning of our troubles for more than ordinary repairs, and the wealthiest and most provident companies are beginning to feel severely the want of all kinds of supplies. To some extent the Government can give them relief by permitting the iron foundries and rolling-mills now engaged wholly on Government works to furnish them with the necessary materials, and by perini~ting the detail of men already enlisted or exempting from conscription of such men as are necessary for the safe conduct of the railroads of the country. There is not a railroad in the country which has an efficient force to-day, and the power vested in the enrolling officer is seriously diminishing even the small number of men left to perform duties upon roads, the success of which is of the first importance to the Confederacy. These diffi- culties must be remedied or the roads will very soon be quite unable to meet the requirements of Government, and the election must now be made between letting them go down or rendering them the neces- sary assistance for successful operation. Trusting that these hasty observations and suggestions will meet with approbation, I am, general, very respectfully, your obedient servant, WM. M. WADLEY, Assistant Adjutant- General. [First indorsement.] JANUARY 1, 1863. Resp~ctfully submitted to Secretary of War. S. COOPER, Adjutant and Inspector General. [Second indorsement.] l?xamined. Colonel Wadleys views on the proposed tariff of prices approved. Oral instructions given as to further negotiations and arrangements ~rith the roads. J. A. S., Secretary. A. AUGUSTA, December 15, 1862. PRESIDENTS AND SUPERINTENDENTS OF RAILROADS IN THE CON- FEDERATE STATES: GENTLEMEN: I have asked a conference with you for the purpose of taking frito consideration the difficulties that now exist in Govern- ment transportation, and a~ far as practicable to remedy any defect that may be found in the present plan upon which it is transacted. Safety and dispatch are the ends desired. To accomplish these ends it is necessary to arrange schedules so as to enable your trains to con- nect with as little delay as possible, and to have a mutual under- standing and agreement for the delivery and receipt of freight between cominecting roads. In this connection I desire to avoid send- ing messengers with freight. I do not know the natnre or extent of the difficulties that have been experienced, and therefore I cannot suggest a remedy, but I presume the want of rolling-stock by som Page 273 CONFEDERATE AUTHORITIES. 273 roads, while that of others has been scattered over distant lines leav- ing the owners without sufficient to transact their business, is among them. As a partial remedy to the roads in want of rolling-stock, I propose to part with all that is owned by Government, and I desire the roads having a superabundance to supply (as far as practicable) those that are deficient. I do not suppose there is enough to supply all, yet a fair distribution will very much relieve the wants of the country, and I trust that those more fortunate than their neighbors will promptly come to their relief in this time of need. To prevent cars from being scattered I think that an arrangement should be entered into in reference to interchange betweeft roads, and when once determined on let it be rigidly enforced. In providing for trans- shipment it may be desirable that exceptions should be made for heavy ordnance. I requested the Quartermaster-General to have his bureau represented at your meeting in order to meet any questions that may arise in reference to evidence of transportation or of audit- ing your accounts, and to represent this department allow me to introduce to you Major Wood and Captain Smith, of the Quarter- masters Department. If there are other matters in reference to Gov- ernment transportation upon which it is desirable to have an under- standing, or if there is anything I can do as the agent of the Govern- ment to facilitate transportation, I shall be very willing to co-operate with you. With this brief statement of my object in calling you together, I trust that you will unite in trying to accomplish the desired object. With your cordial co-operation I am sure all difficulties will vanish, and without that co-operation I am equally certain that my appointment will be of no avail. In conclusion let me beg that you will take sufficient time to mature whatever we undertake to do. I desire all possible dispatch, but from my past experience in meetings of this charater I am satisfied that there is too munch haste in bring- ing them to a close. I am, gentlemen, very respectfully, your obedient servant, WM. M. WADLEY, Assistant Adjutant- General. * B. AUGUSTA, December 15, 1862. Pursuant to a call from Col. William M. Wadley, assistant adjutant- general, the convention of railroad officers met in the Masonic Hall at 10 a. m. On motion of Mr. Pollard, Mr. Cuyler, president of the Georgia Central Railroad, was called to the chair, and Alfred L. Tyler and William L. Clark were appointed as secretaries. The meeting having been organized, the following roads were found to be represented: Alabama and Florida Railroad of Alabama, C. T. Pollard, presi- dent, S. G. Jones, superintendent; Alabama and Mississippi Rivers road, W. S. Knox, secretary and treasurer; Alabama and Tennessee, T. A. Walker, president, Willian Rothrock, superintendent and engi- neer; Alabama Shelby Coal Mine Branch, William Rothrock, superin- tendent and engineer; Atlanta and West Point, John P. King, presi- dent, George G. Hull, superintendent; Georgia Central and branches, R. R. Cuyler, president, G. W. Adams, superintendent; Charleston and Savannah, B. D. Hasell, president; East Tennessee and Georgia, C. Wallace, president; East~ Tennessee and Virginia, J. R. Branner, president; Rogersville and Jefferson, R. C. Payne, president; Florida, Atlantic and Gulf, S. L. Niblack, president and superintendent; 18 R RSERIES Iv, ~OL I Page 274 274 CORRESPONDENCE, ETC. Richmond, Fredericksburg and Potomac, Charles Ellis; Virginia Central, Charles Ellis; Virginia and Tennessee Railroad, R. L. Owen, president; Vicksburg, Shreveport and Texas, J. U. home, president; Brunswick and Florida, C. L. Schlatter, president; Western and Atlantic, by letter from J. S. Rowland, superintendent; Montgomery and West Point, C. T. Pollard, president, D. II. Cram, superintend- ent; Wilmington and Manchester, T. D. Walker, president; Wil- mington and Weldon, S. D. Wallace, president, S. L. Freinont, superintendent; Mobile and Girard Railroad, B. E. Wells, engineer and superintendent; Mobile and Ohio, L. J. Fleming, superin- tendent; Nashville and Chattanooga and branches, V. K. Stevenson, president; Nashville and Northwestern, V. K. Stevenson, president; New Orleans, Jackson and Great Northern; North Carolina Central, by letter from T. J. Sumner, superintendent; Muscogee Railroad, J. L. Mustian, president, W. L. Clark, superintendent; Macon and Western Railroad, Isaac Scott, president, A. L. Tyler, superintendent; Southwestern, R. R. Cuyler, president, Virgil Powers, superintendent; Orange and Alexandria, R. L. Owen; Richmond and Petersburg, Charles Ellis, president; Petersburg Railroad, C. 0. Sanford, super- intendent; Savannah, Albany and Gulf, Hiram Roberts, president, G. I. Fulton, superintendent; Raleigh and Gaston, W. J. Hawkins, president; Charlotte and South Carolina, E. Hurlbut, superintendent; Georgia Railroad and branches, John P. King, president, George Yonge, superintendent; Atlantic, Tennessee and Ohio, E. Hurlbut, superintendent; South Side Railroad, H. D. Bird, superintendent; Richmond and Danville, C. G. Talcott, superintendent; Southern Railroad, by letter from M. Emanuel, vice-president; Northeastern, S. S. Solomons, superintendent; Cheraw and Darlington, S. S. Solo- mons, superintendent. The chairman then proceeded to read Order No. 98, from the Adjutant and Inspector Generals Office, stating what powers the Government had delegated to Colonel Wadley, after which the latter proceeded in the following letter to explain his reasons for calling the meeting. * ~ITn motion of Mr. Pollard the chair appointed a committee of eight, including the chairman of the convention, to take into consideration ~he matters represented by Colonel Wadley and to report at 3 p. m. The following-named gentlemen composed that committee: Pollard, King, Owen, Ellis, C. Wallace, Stevenson, Fleming, C nyler. On motion of Mr. Fremont a committee of five was appointed to arrange rates of transportation for men and things. The chair appointed Fremont, Adams, Yonge, Scott, Home. On motion of Mr. Sanford a committee of eight was appointed to consult with Mr. Offutt, of the Post-Office Department, and arrange schedules for the Southern route. The chair appointed Messrs. San- ford, Ellis, Fremont, Walker, Yonge, Hull, Cram, Jones. The meeting then adjourm~ed till 3 p. in., at which time it met and was called to order by the chairman, when it was found the committee was not ready to report, and was further adjourned till 10 a. m. next day. TUESDAY, December 16, 1862. The convention met at 10 a. m. and was called to order by the chairman. The minutes of yesterday were read and confirmed. The * See preceding letter Page 275 CONFEDERATE AUTHORITIES. 275 committee on transportation made a report, which, on motion of Mr. Pollard, was referred back for amendments. The committee to take into consideration the matter reported by Colonel Wadley offered the following: The committee to which was referred a resolution to confer with Colonel Wadley, chief of Government transportation, and to procure for the consider- ation of the convention such matters as will enable the railroad companies to meet the views of the Government, respectfully report that they have been unable to agree. They submit to the convention the following plans proposed by Colonel Wadley, upon which he believes he can carry out satisfactorily the duties which devolve upon him as chief of Government transportation. C. T. POLLARD, Chairman. PLAN PROPOSED BY COLONEL wADLEY. I would suggest for the consideration of the committee that harmonious and efficient action in relation to the public transportation can be secured upon a plan of this character: First. My appointment of the several railroad superintendents as my assistants in the performance of my duties, without compensation; these assistants to observe the direction and carry out my views as chief manager of transportation, and to make reports to me at such times, and from time to time, as I may direct. Second. The several railroad companies to allow the passage of their cars over adjoining roads, and for such distances and terms as to repairs and safe and speedy return, and upon such compensation and method of payment as I may pre- scribe. It is contemplated, by a regular system of reports from the assistants, to keep me at all times advised in relation to the situation and condition of the cars permitted to go on adjoining roads, so as to secure me their quick return in good [repair] to the roads to which they belong. Third. In cases of necessity such railroad companies as may have it in their power to do so to allow, at my request, their locomotive engines to pass over adjoining roads in charge of the enginemen belonging to them, to be assisted by competent enginemen of the road receiving aid, and under such regulations as to rate of speed and tonnage hauled as I may prescribe, or such as the assistants belonging to the companies aiding and aided may be agreed on. The rate of compensation to be fixed by me. Fourth. The Government, through its proper agents, to furnish to the several railroad companies all such railroad supplies, including subsistence for their negroes engaged in the repairs of road, as the Government may be enabled to furnis~, at such cost, to be paid promptly in cash, as I may prescribe. Fifth. The Government to be at the expense of returning to the several compa- nies such of their engines, cars, & c., as were ordered from the railroads owning them by the Government, and this return to be made as soon as it can be safely done under my direction. Sixth. The Government to aid in the construction of such railroad connections between roads as I may consider and report to be necessary. Seventh. Demands for Government transportation to be made upon me, or any of my assistants, by any commanding officer authorized to make it, and where delays are occasioned by the act of such officer due compensation to be deter- mined by me to be made to the company delayed. Eighth. The appointment by me at Government expense of agents to superin- tend the carriage of goods or troops over such breaks as may exist at the termini of railroads. Ninth. Such companies as may have more engines or cars than necessary for their business to sell the same to companies wanting aid, at prices to be agreed upon. Mr. Pollard offered the following resolution: Resolved, That the railroad companies represented in this convention concur in the plan suggested by Colonel Wadley, chief of Government transportation, and adopt it. Mr. Stevenson offered the following substitute, which, on motion, was adopted by a vote of twenty-five ayes to eight nays: Resolved, That the convention of railroad officers now holding take this means of acknowledging their approval of the appointment of Colonel Wadley by th Page 276 276 CORRESPONDENCE, ETC. Government to take the direction of Government transportation; and the rail- roads cheerfully pledge to the Government their assistance and co-operation with Colonel Wadley in carrying out the wishes of the Government and in perfecting the connection of roads and quick transfer of freights and passengers from road to road. Mr. Owen offered the following resolution, which was adopted: Resolved, That in view of the existing necessity of some agent for the Govern- ment upon each line of railroad, the superintendent of each road be requested to offer his services to Colonel Wadley, assistant adjutant-general, and assist him in carrying out his views and make such reports to him as may be deemed neces- sary to him. The committee on transportation submitted the following amended report, which, on motion, was adopted: REPORT. In view of the greatly enhanced value of every article entering into the con- sumption of railroad companies, and as railroad companies have been forced to increase their charges for the transportation of freight and passengers in their general business, your committee can see no reason or justice for retaining the present rates for carrying for the (iovernment. We therefore submit the follow- ing tariff of charges: For troopsTo be 2~ cents per man per mile on main or thoroughfare lines, and on side or local lines, 3~ cents per mile. All soldiers on furlough to be charged at the foregoing rates. Commissioned officers or Govern- ment agents traveling with or without requisitions shall be charged full fare. The roads to be classed by Colonel Wadley, chief of Government transportation. On thingsFirst class, percussion-caps, powder, and fixed ammunition, 60 cents per 100 pounds per 100 miles. Second class, all articles not enumerated in the first, third, fourth, and fifth classes, 30 cents per 100 pounds per 100 miles. Third class, live stock, $30 per car per 100 miles; less than a carload local rates will be charged. Fourth class, hay, fodder, shucks, bran, straw, empty wagons, ambulances, and other Government carriages, $20 per carload per 100 miles. Fifth class, wood, coal, lumber, stone, and bricks to be carried by special contract, or at local rates of each road. For all distances less than 50 miles, to be paid as 50 miles, and for 50 miles and less than 100 miles, to be paid as 100 miles. Extra or special trains ordered by proper authority. to be paid for at the rate of $1 per mile for the loco- motive and one car, and for every additional car 10 cents per mile for freight and 15 cents per mile for passenger cars. When an officer having proper authority orde~s a train to be held in readiness for transportation of troops, the proper charge for the locomotive shall be $25 per day and $3 per day for each car, includ- ing the services of conductor, engineer, train hands, and firemen while so held, and no charge to be less than for one day. When trains of one road pass over another carrying troops or freight of any kind, the road owning the train shall receive as full compensation for such trains one-eighth of its earnings, to be paid by the road owning the track passed over. For the transportation of the bodies of soldiers killed in battle or that die in service each road shall adopt its own rules and rates of charge. The Government should in all cases state by what train, freight or passenger, the transportation is to be performed, and when it is by pas- senger train 50 per cent. additional to the foregoing rates shall be charged. It is the decided and unanimous opinion of the committee that all Government trains should be discontinued at once and the machinery turned over to the roads most in need of it, to be determined by Colonel Wadley, chief of Government transportation. The committee recommend the rates fixed in this report be not applied to roads west of the Mississippi River. The committee submit the follow- ing resolutions and recommend their adoption: 1. Resolved, That the foregoing rates of transportation of men and things and the rules of charges set forth in this report be, and the same are hereby, adopted, to take effect on the 1st day~of January next. 2. Resolved, That this convention are of opinion that the amount due each rail- road company for transportation of men and things should be settled monthly by the quartermaster nearest the principal office of the company within fifteen days after the close of the month. Respectfully submitted. S. L. FREMONT Page 277 CONFEDERATE AUTHORITIES. 277 By Mr. Adams: Resolved, That Colonel Wadley be earnestly requested to have all the cars seized and removed from the various roads by Government officers returned at the earliest practicable moment to the roads to whom they belong. Passed. By Mr. S. L. Niblack: Resolved, That the roads in the State of Florida are excepted from the report of the committee on transportation as adopted by the convention. Passed. By Mr. Pollard: Resolved, That such roads as have been or may be in the possession of the enemy, or partially destroyed, be excepted from the report of the committee reg- ulating the rates of transportation. Passed. By Mr. Fleming: Resolved, That a committee of five be appointed by the chairman to confer with the Postmaster-General and to petition Congress for an increase of compensation for the transportation of the mail, and the passage of a law for the more equitable adjustment of fines and forfeitures for failures to perform the same. Passed, and the chair appointed Fleming, Sanford, Stevenson, Ellis, and Owen. The committee on schedules not being ready to report, were relieved from further duty. By Mr. Adams: Resolved, That the secretaries have a sufficient number of copies of the proceed- ings of the convention printed and send ten copies to each road represented, by express, with bill of proportionate expense of printing. Passed. The meeting adjourned sine die. C. AUGUSTA, GA., December 17, 1862. To DEAR SIR: llaviiig failed at the recent meeting of presidents and superintendents of railroads ~n the Confederate States to agree upon definite plan for carrying on Government transportation over the sev- eral railroads of the country, and deeming it of the first importance that some system should be agreed npon by which all will act in har- mony, I respectfully submit and ask yonr concurrence and agreement to the following: Your superintendent to act as my assistant, without compensation, in conducting Government transportation over your road, it being his duty to receive from commanding and authorized officers orders for transportation, and to order ~id conduct such transportation to des- tination or to a connecting road, as the case may be; to receive from and deliver to connecting roads all freight from or destined to con- necting lines; to report to me at least once a week the general condi- tion and state of Governuient transportation and conduct of Govern- ment agents on his road, and in the event of any accident or stoppage of Government freight or troops to make special report of the same by telegraph; in the event of any unusual amount of freight or troops t Page 278 278 CORRESPONDENCE, ETC. be transported, to be reported by telegraph or letter to the superin- tendent of the road over which the same may have to pass in order that he may be prepared for the same; to make immediately a full and accurate report of the amount and condition of his rolling-stock and the general condition and wants of his road, and in the event of any change in his rolling-stock or road to report the same. My object in obtaining the information in reference to the rolling-stock, condi- tion, and wants of the several roads in the country is to enable me to aid those in want so far as may be in the power of the Gov- ernment to supply. If you agree to this plan of carrying on Govern- ment transportation you will please notify me at Richmond, Va., and instruct your superintendent to enter upon the discharge of his duties in accordance with it immediately. On the other hand, if you object to the plan, or to your superintendent acting as my assistant, be pleased to notify me, in order that I may provide some other manner of superintending and conducting Government transportation over your road. I remain, very respectfully, your obedient servant, WM. M. WADLEY, Assistant Adjutant- General. Consolidated abstract from returns of the Confederate forces on or about December 31, 1862. [Compiled from such returns as are on file in the War Department.] Present for duty. n a a ~ ~,a Command. -~ a,~ a ~a a bC bf~ a an 0 ~ ~0a a a Q .~ ~ Department of Xoilheru Virginia (Lee) 5, 827 70, 972 91, 093 152, 842 Dec 31, 1862 Department of Western Virginia (Jones) 241 3, 922 4, 802 6, 731 Dec. 11, 1862 Depar~iient of Henrico (Winder) 85 1, 486 2, 017 2, 680 Dec. 10, 1862 North Carolina and Southern Virginia a (0. W 2, 204 32, 087 40, 547 50, 871 Dec. 81, 1862 Smith). Department of East Tennessee )E. K. Smith).. 499 6, 797 9, 268 15, 435 Dec. 31, 1862 Department of South Carolina, Georgia, and 1, 226 19, 237 25, 159 32, 170 Dec. 30. 1862 Florida (Beauregard). Department of the West b (Johnston) 4, 245 54, 548 68, 439 99, 536 Dec. 10 and 20, 1862 Department of Mississippi and East Louisiana 2, 878 36, 592 48,141 70, 155 Dec. 31. 1862 (Pemberton). valley District of virginia (Davidson) 42 496 1, 695 1, 788 Nov. 30, 1862 Trans.Mississippi Department c (Holmes) 587 9, 237 12, 854 17, 231 Nov. 30 and Dec. 4,1862 Total 17,814 235,374 304,015 449,439 a Including the commands of Elzey, French, and Whiting. b [he only returns of this command on file of an approximate date are for the Army of Tennessee (Bragg), December 10, 1862, and for the District of the Gulf (Buckner), December 20, 1862. cThe only returns of this command on ~le of an approximate date are for the District of Western Louisiana (Taylor), December 4, 1862, and for the District of Texas, New Mexico, and Arizona (Magruder), November 30, 1862. Act of the General Assembly of Louisiana. AN ACT ~o authorize the Governor of the State of Louisiana to press into the service of the State slaves and other property for the public defenses of the State during the present war. SECTION 1. Be it enacted by the Senate and House of I? epresenta- tires of the State of Louisiana in General Assembly convened, Tha Page 279 CONFEDERATE AUTHORITIES. 279 the Governor of this State be, and he is hereby, authorized to press into the service of the State, for the purpose of constructing fortifica- tions and other works for the public defenses, not exceeding at any one time one-half of all the able-bodied male slaves from eighteen to fifty years of age, belonging to any one person or persons, or under the charge of any person or persons, within the State of Louisiana, together with such utensils and other movables deemed necessary to work such slaves pro rata; and the slaves so pressed shall be valued by sworn appraisers, to be named, one by the officer charged to make the press and another by the owner or persons having charge of such slaves; and in case of disagreement the two appraisers to choose an umpire; and in case of neglect or refusal of the owner or persor~ hav- ing charge of such slaves, then and in that case both appraisers are to be named by the officers and the utensils and movables are to be appraised in like manner. And it is hereby made the duty of the several sheriffs in the State to furnish a list of the owners and num- ber of slaves owned or in possession of each within their respective jurisdictions, and that the Governor shall delegate the same authority to the military officer (State or Confederate) commanding the depart- ment where the fortifications or other works are to be erected either to protect or redeem any portion of the State. SEC. 2. Be it further enacted, & c., That in case of the loss of any snch slave or slaves by reason of being so pressed into the service of the State, then and in that case the owner or owners shall be entitled to demand and receive the value of such slave or slaves, payable in State treasury notes, and the owner or owners of such slaves shall be entitled to demand and receive wages for such slave at the rate of ~1 per day for each and every day actually employed on the works and in going and returning, to be paid in the treasury notes of the State or Confederate States, and the utemisils and other property pressed shall be paid in like manner or returned in kind. * * * * * * * Approved January 1, 1863. S SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 1. Richmond, Va., January 3, 1863. * * * * * * * XXII. The following-named officers are assigned to duty with Brig. Gen. Gabriel J. Rains, general superintendent of conscription service in this city, and will report accordingly: Licut. Col. George W. Lay, assistant adjutant-general, Provisional Army, C. S.; Lieut. Col. A. C. Jones, Forty-fourth Virginia Volunteers. By command of the Secretary of War: JNO. WITHERS, Assistant AQiutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, January 3, 1863. His Excellency JEFFERSON DAVIS, President of the Gonfederate States of America: SIR: I have the honor to submit to you the following report of the action and condition of thi~ Department: After the toils, privations, and many battles of the past year, it is gratifying to be able to present the Army as fully equal, if not sup Page 280 280 CORRESPONDI~NCE, ETC. nor, in all the elements of strength to what it has been at any pre- vious period of the war. Its numbers, though still seriously inade- quate to fill fully its organizations, yet afford a nearer approximation than heretofore to that result. When, in addition, it is considered that a large proportion of these consist, not of new recruits, but of soldiers inured to the exposures of service and made veterans by the ordeal of constant danger, its superior endurance and stability must readily be acknowledged. It is not deemed requisite to state its pre- cise aggregate nor to detail the exact proportions of its respective branches of service. It may be sufficient to say generally, in respect to the latter, that it is believed they exist in such respective propor- tion as approved military j udgment considers most promotive of effi- ciency and co-operation. The Army thus constituted, could it be recruited and maintained to its full complement, would, in all proba- bility, be the largest in proportion to population ever maintained in actual service by any nation, and would attain the maximum which the productions and resources of even the wide, expansive, and fer- tile regions of the Confederacy would, without oppressive exactions on the people, render judicious to sustain. Nor, when it is recollected how, with numbers much short of this standard of completion, it has in the past generally wrested victory from the far superior forces of the enemy and repelled the horde of invaders on which, with the pre- sumptive insolence of anticipated success, our foes have relied to overwhelm us, can it be doubted that such an army would be fully adequate to all future needs and exigencies and sufficient to assure final peace and independence. To secure the completion of its numn- bers reliance must be placed on the measures of legislation known popularly as the acts of conscription, approved, the one on the 16th of April, 1862, and the other on the 27th of September, 1862. By the first of these acts all the male citizens of the Confederacy, capable of bearing arms, between the ages of eighteen and thirty-five, with a few guarded exceptions, were constituted soldiers of the Provisional Army and devoted first to filling up the ranks of the old organiza- tions. This was one of the most remarkable ordeals to which the pat~iotismn and self-devotion of any people were ever subjected. It was demanded by the imperious necessity of the crisis. Without decadence of the real valor of our people or their invincible deter- mination to achieve their independence, the first flush of enthusiasm and the rush of volunteers, fired by threatened invasion, had conipara- tively ceased, and, not unnaturally, under experience of the diseases, privations, and hardships of a soldiers life and the influence of delu- sive hopes of a speedy peace inspired by early victories, the spirit of volunteering had died out. While, however, the ardor of the individual did not suffice for the proffer of self-devotion, the sentiments and convictions of the mass recognized as the most sacred obligation the stern duty of defending, if need be, with their entire numbers their imperiled liberty, fortune, and homes. They were eng~aged in a righteous war for all men hold dear. Foes as malignant in intent, as unscrupulous in means, with numbers unexampled in modern war, aided by patient training, com- plete organization, and all the appliances of military science, were pressing on for their subjugation or extermination. The contrast presented at the same time by our banded forces was not less striking than discouraging. The periods of enlistment of more than two-thirds of our soldiers were very near their termination, and it was manifest that, notwithstanding the ulterior purpose of the great majority a Page 281 CONFEDERATE AUTHORITIES. 281 some future time to re-enlist in the ranks of the armed defenders of their country, their resolution was not sufficient to resist the prospects cherished for months amid the sufferings and monotony of the camps of returning to their homes and there temporarily eiijoying their habitual comforts and pleasures. They had, too, for self-justification the plea that they had borne their part of the burden and peril and that it was inequitable that numbers equally interested and capable, but only less bold or more prudent, should enjoy all the benefits with- out sharing in their trials and dangers. Our Army was in incipient disorganization and on the eve of dissolution. The natural conse- quences ensued in a series of grave disasters. Reverse succeeded reverse. In the east, Roanoke Island, the key to the inland waters of North Carolina, was captured. We had to fall back from Manasses, abandon our defenses at Yorktown, and yield Norfolk with all the advantages of its contiguous navy-yard and dock. In the west, Forts Henry and Donelson fell, with the loss at the latter of the gallant force who had victoriously repelled till exhaustion disabled them to meet overwhelming numbers. All defenses on the Upper Mississippi had to be yielded or abandoned, and Nashville, the capital, and Mem- phis, the leading city, of Tennessee became the unresisting prey of the victors. Finally, as the crowning stroke of adverse fortune, New Orleans, the commercial emporium of the South, with the forts that guarded the outlet of the great artery of trade in the West, after resistance so feeble as to arouse not less of shame than indignation, passed into the occupancy of our foes. It was the darkest hour of our struggle, and with a people of less heroic resolve and invincible spirit waging war against hosts avowing such malignaimt intents, it might well have caused discouragement and dismay. But to their honor be it said it only roused a more indomitable will and nerved to sterner struggles. A supreme effort of self-devotion and courage was recognized as necessary. The bill of conscription was passed and bravely accepted. Its first effect was to retafri in the Army the soldiers whose terms of enlistment were just expiring. How great the sacrifice involved in the reTmewal of all their privations and dangers and the renunciation of their anticipated release and enjoyments may better be conceived than portrayed. Yet was there scarce a murmur of disappointment and disaffection, and not an instance, as far as known, of resistance or revolt. Scarce less meritorious was the action of the great body of the people who, with full realization of all to be encountered, yielded themselves or their dearest kindred to the call of their countrys need. The results worthily rewarded such sacrifices. The Army was speedily reorganized and recruited, and with sterner sense of the task and renewed hope it prepared to meet the exultant foe. The rapid concentration of the armies of General Sidney Johnston and General Beauregard, in the west, enabled them, with some approximation to equality of force, to strike a tiecisive blow and to win the brilliant victory of Shiloh, where the enemy was only saved from utter destruc- tion by the hasty arrival of re-enforcements too numerous to be more than successfully repelled. In the east the happy boldness of Gen- eral Magruder at Yorktown stayed at a critical time the advance of the grand Federal army destined for the capture of our Capital until our forces, rescued by the consummate strategy of General J. E. Johnston from the presence of enveloping armies, could arrive to the rescue. Signal checks given in partial battles at Williamsburg an Page 282 282 CORRESPONDENCE, ETC. elsewhere dismayed and baffled the Federal army in its advance until General Johnston had securely withdrawn his forces to his chosen lines of defense. Meanwhile General Jackson by a series of rapid movements and bold attacks, in which strategy equaled valor, with far inferior numbers defeated successfully four generals with as many armies, swept the Valley of Virginia of hostile forces, made the Federal authorities tremble in their Capital, and frustrated the coin- binations by which the enemy had purposed to aid General McClellan and environ Richmond by large converging armies. During these operations the grand army of McClellan, inveigled by the skill of General J. E. Johnston to settle down on the swamps of the Chicka- hominy to the prudent occupation of digging trenches and earth- works, was on the first favorable opportunity stricken with marked success in the severe engagement of the Seven Pines. Unfortunately before his guidance had consummated victory General Johnston was wounded and disabled. Our arumy was then transferred to that consummate commander, General R. E. Lee. Soon thereafter sum- moning to his aid General Jackson, the prestige of whose name and recent exploits sufficed for the security of the Valley, he, in pursuance of a plan as admirably conceived as on his part boldly executed, assailed McClellan in flank and rear and by a series of bloody vic- tories drove from their labored defenses his grand army. Shattered and dismayed it cowered for protection under cover of its gun-boats, there to swelter and waste beneath the oppressive sun and pestilent malaria of a shadeless plain on the banks of the Lower James. Even that measure of good fortune was due solely to those accidental miscarriages in combinations which in war often mar the wisest arrangements. The execution of General Lees plan, with vigor equal to its conception, must inevitably have eventuated in the cap- ture of the enemys whole demoralized army. While these triumphs were being won another large army of the enemy was advancing through Piedmont Virginia, toward its central lines of communication under the comnmnan4 of General Pope. He had disgraced the character of an officer by braggart boasts, and outraged humajitity and civilization by stimulating and sanctioning desolating ravages and vindictive cruelties by his unscrupulous troops. General Jackson, dispatched with a moderate force to stay his progress, administered a speedy rebuke to his arrogant vaunts and gave an earnest of coming chastisement by defeating, in the sharp engage- ment of Cedar Run, his advanced division under General Banks. Soon after General Lee, despising the shrunken proportions and quelled spirit of the grand army in its unenviable asylum, proceeded with the larger proportion of his forces to unite with Jackson and. confront the then collected and imposing army of Pope. By a suc- cession of movements too masterly to be comprehended, and too rapidly executed to be withstood by Pope, he broke up his comnmuni- cations, interrupted his supplies, and by throwing forces in his rear drove him to rapid flight, chased him from the Rapidan to Bull Run, and at last forced him, but not until sustained by large re-enforce- ments from Washington, to a decisive battle on the already memo- rable field of Manassas. There a second victory, scarce less decisive than the first, attested the continuing superiority of our troops and the unchanged favor of the God of battles. The enemy fled for refuge under their old defenses at Arlington and again spread dread and confusion in their quaking Capital. Instead of wasting strength and resources by either assailing the strongholds of the enemy o Page 283 283 CONFEDERATE AUTHORITIES. tarrying in the country wasted by the repeated ravages of war Gen- eral Lee, with boldness and dexterity, passed his army rapidly into Maryland. There with part of his forces he penetrated to the center of the State, collecting large stores of much-needed supplies, and by strong appeals rousing the people of that oppressed State to strike or their own deliverance. With another portion the rapid Jackson moved to the capture of Harpers Ferry with its hostile force of 11,000 men and great stores of munitions and supplies. This was crowned with perfect success and must be recognized as among the most brilliant achievements of the war. Under the shock of our victories in the Valley and arqund Richmond and of the successes of our arms in the west the Federal Executive, still tenacious of the hope to crush us by surpassing numbers and resources, had ordered a draft of 600,000 more men to be at once furnished and hurried to the support of his still superior but disheartened armies. From the numbers of this call may be inferred both the extent of the panic and the losses of the enemy from our successive victories. At the commencement of the campaign they had based their boasts and their hopes on having 700,000 men in arms for our overthrow, and before that campaign was half completed their fears called for nearly a duplication of their original numbers. While the events last described were occurring rapid and great additions under this call had been made to the Federal armies and not merely of untrained levies since the judicious disposition of them in garrisons and the remoter and less exposed theaters of action had placed at disposal large numbers of their best troops whose spirits had not been broken by defeat. By these means General McClellan, who had been summoned with his shattered remnant of the grand army to the defense of the Capital, was enabled at the head of an immense army to issue forth to attack General Lee and relieve Harpers Ferry. The movement, though more prompt thaii was anticipated, was too late for the latter purpose, as Harpers Ferry had already yielded, yet it brought him in the face of our forces before they had been concentrated from that and their other operations in Maryland. The first shock of his whole force was thus cast on one of the columns of General Lees army guarding his rear at Boonsborough, and though most bravely sustained and even repelled by the gallant General D. II. Hill, yet his necessary retirement to the point of concentration selected by General Lee gave to the enemy the appearance of a first success, and was unscrupulously trumpeted as a great victory to animate the hopes and courage of the Federal army. Thus reinspirited with treble odds of numbers and artillery they ventured an attack on General Lee in the position near Sharpsburg, where he had collected the larger portion of the forces remaining to him after so many arduous marches and glorious victories. The battle, protracted from morn to night, was stubborn and bloody, but resulted in the final repulse of the enemy from all our positions. The field remained in our occupancy and the next morning to the challei~ing fire of our guns no response was made and no enemy appeared. McClellan had withdrawn, as after- ward appeared, some five. miles in retreat. The victory was ours, but gained over numbers already overwhelming and certain to be immediately re-enforced, it could not be followed up and improved. Exhausted by the unwonted celerity of past movements and by the inevitable losses of his many victories, and exposed to have his com- munications and supplies intercepted by his host of foes, General Lee judiciously withdrew his army, with all its numbers and stores, i Page 284 284 CORRESPONDENCE, ETC. safety across the Potomac. The enemy~ finding in this movement of wise precaution a pretext for the arrogant claim of victory, followed to the river-bank, but ventured not to assail their retiring conquerors, much less to cross the river in pursuit. Our gallant army, in proud defiance of the hosts gathered on the opposite shore, rested and recruited on the Virginia side with the satisfaction of having well-nigh destroyed two grand armies of invaders, and severely staggered a third, more numerous than either. A pause of martial inaction ensued for some weeks, and may be considered as affording a termination in the east to one of the most remarkable campaigns of history. In the west less brilliant, but still very decisive, successes attended our arms. Froni the effects of the victory of Shiloh and of the reinvigorated ranks and spirits of our forces under the action of the conscript law our forces in each depart- ment prepared to make active advances, and by combined movements, pressing forward their discouraged and retreating foes, to repossess the country previously occupied by them and to go forward to the redemp- tion of the State of Kentucky, and the attack of one or more of the leading cities in the west. In the prosecution of this plan North Alabama and Mississippi were speedily cleared of the footsteps of the foe. All of Tennessee, save the strongholds of Memphis and Nashville and the narrow districts commanded by them, were retrieved, and by converging armies nearly the whole of Kentucky was occupied and held. The signal victory of Richmond was won with the capture and dispersion of nearly the whole much superior forces of the enemy by the skill and valor of General E. Kirby Smith and his brave command, while a series of brilliant cavalry movements and successes, won by the gallant Colonel Morgan, broke up all efforts on the part of the disaffected Unionists or scattered Federal forces to rally and combine and afforded at once protection and encouragement to rise to the loyal citizemis of the State. These movements threatened the safety and excited the greatest consternation of the cities of Cincinnati and Louisville. Meanwhile General Braxton Bragg, with a well- appointed army, trained and disciplined under his efficient organiza- tio~, moved boldly forward through Tennessee and Kentucky. By doing this he so flanked and endangered the rear of General Buell, in command of the leading army of the enemy in the west as to com- pel him to rapid retreat for refuge and re-enforcements on the Ohio at Louisville or elsewhere. Had General l3uell, as might naturally have been expected from his numbers, been more bold to encounter his enemy or less rapid in his flight, General Bragg would probably have accomplished, after sweeping all foes from before him in Mid- dle Kentucky, the great object of overthrowing Buells army and capturing Louisville. Unfortunately, Buell effected his evasion of battle and escaped safely to that city which, under the occupancy of his army, became too strong for assault. Sheltered in Louisville, Buell was enabled to receive and organize the very large re-enforcemuents which the draft of the Fede~al Government and the dread of invasion in the populous States of the Northwest caused to be forwarded with extraordinary dispatch. His forces, before superior, became vastly larger than all our comumands in Kentucky, and he began by various movements to threaten our connections and communications with the more southern States. About the same time -the diversions which were expected to be made by our forces still remaining on the southern borders of Wes Page 285 CONFEDERATE AUTHORITIES. 285 Tennessee, toward Memphis and Nashville, failed of anticipated success. One division sustained a check at Juka and was obliged to fall back, and some time later the whole command, in a most daring and determined attack on the intrenched positions of the enemy at Corinth, were defeated with serious loss and driven to a rapid retreat. Before these events had fully occurred General Bragg had concluded that prudence required the present withdrawal of our armies from Kentucky and the removal into security of the large and, under our circumstances, most valuable supplies of every kind which had been collected during the occupancy of that abundant and unexhausted country. His arrangements were being made with due care and deliberation for these ends, and portions of his forces, preceded by immense trains were already moving southward, when General Buell, under the encouragement of his great numbers, at last ventured attack on one of his divisions. The result was, when comparative forces are considered, the brilliant victory to us of Perryville. Its results were seen in the subsequent prudent avoidance of all inter- ruption or disturbance by the enemy to the quietly retreating columns of our armies, with their gathered stores, who resumed commanding positions of their selection in the State of Tennessee. Thus in Ken~ tucky, as in Virginia, our armies, not conquered or repelled, but diminished by their own successes, were, from mere pauQity of num- bers, constrained to retire to avoid environment by overwhelming forces, but under the protecting prestige of victory were prudently respected and unassailed by their enemies. Of the various operations of our forces in more limited theaters it is impracticable, within reasonable limits, to give a succinct account. It is sufficient to say generally that from the reorganization of our Army and the turn in the tide of fortune, that successes have been numerous and reverses very few, and that with scarce an exception, in small actions, as in great engagements, the superior skill of our officers and valor of our soldiers have been signally vindicated. More special allusion, however, is due to the memorable repulses of the enemy with their formidable gun-boats at Drewrys Bluff, near Rich- mond, ~nd at Vicksburg. At each were illustrated not more signally the fortitude and valor of the armed defenders than the heroic resolve and self-devotion of the citizens who preferred for their fair cities destruction to subjugation. The examples were pregnant with moni- tion and encouragement. The gun-boats lost their prestige of terror. Cities ceased to be abandoned or surrendered on the approach of a foe, and all were taught how free men, above fear and ready for all sacrifice, may proudly defy the most potent agencies of muodern war- fare. The foregoing detail has been indulged in from a double purpose: First. To render a tribute of justice to our armies, whose grand achievements being then in process of accomplishmnent, my predecessor, from considerations of prudence, abstained in his last report from com- memorating; and secondly, and more especially, to demomistrate the imperious necessity that demanded the first enactment of comiscription and the glorious effects that at once vindicated the wisdom of its adop- tion and repaid the sacrifices of our soldiers and people in accepting it. It is hardly too much to say that it wrought our salvation from destruc- tion or infamous thraldom. Could it, indeed, have been somewhat sooner adopted or more speedily and thoroughly executed, it may well be doubted whether the first act alone might not have sufficed to hav Page 286 286 CORRESPONDENCE, ETC. extorted from our obdurate foes, in their own Capital or on their own conquered soil, permanent peace and independence. At the culmi- nating point of our late successful advances could 50,000 more troops of the Confederacy have been added to the victorious armies of Gen- erals Lee and Bragg the full fruition of our highest hopes would almost have been assured. In no spirit of vain regret is this reflec- tion indulged, but because of its deep practical monition for the future. In lieu of such happy consummation our triumphal progress was arrested and our victorious armies compelled to retire before the hosts summoned to the field by the large draft of the Federal Govern- ment. The same necessity is therefore again pressing on our people with scarce less stringent urgency. In wise prevision of it the second act of conscription, heretofore referred to, was judiciously provided by Con- gress at its last session, giving to Your Excellency the power to call into the Provisional Army all subject to military duty between the ages of thirty-five and forty-five, or such part thereof as in your judg- ment was necessary to the public defense. Under this act you have called into service, for the present, only those between the ages of thirty-five and forty who are subject to military service and not exempted by an act passed soon after, known as the exemption act, exempting certain classes of persons and such others as the President shall be satisfied, on account of justice, equity, or necessity ought to be exenipted. This call, as well as the first act of conscription, are now being actively executed by the Department. A sub-bureau, attached to the Adjutant-Generals Department, has been organized, charged with this subject exclusively. In every State one or more camps of instruction for the reception and training of conscripts has been, or is being, established in judiciously selected locations. To each State an officer, styled a commandant of conscripts, is appointed, charged with the supervision of the enrollment and instruction of conscripts, and he recommends a surgeon, a quartermaster, a commissary, and the drill-masters requisite. Pursuant to another act of Congress, approved October 11, 1862, in each city, county, parish, or district in the several States a place of reu~lezvous for persons enrolled is established, where they are exam- ined by surgeons, and in each Congressional district a board of three surgeons is appointed to make the examinations aforesaid. It has not been found practicable to spare from the service of the armies and hospitals a sufficient number of Confederate surgeons to consti- tute these, but at least one in each district will be associated with local surgeons of repute for the duty, and the effort will be made to prevent, by exchanges with other districts, surgeons of any particular county from officiating on the conscripts therefrom. In at least each county or city an enrolling officer is expected to act, and he is instructed to enroll all not of the exempted classes between the specified ages of eighteen and forty, so that those who have evaded or been neglected in former enrollments and the number, startlingly large, of soldiers who, on oAe pretense or another, are avoiding serv- ice, as well as those embraced by yonr late call, may be subjected to duty. In the enforcement of the law of conscription the Department is constrained to be inflexible, and even appear harsh. The sacri- fices exacted for service are painfully realized, but they are felt to be imperatively demamided for public safety. Time exemptions, though far more liberal in the last than the former acts, still affect compara- tively few, and those of certain limited classes, while the exenipting power vested in your discretion seems to contemplate only individua Page 287 CONFEDERATE AUTHORITIES. 287 eases of persons who ought to be exempted on accouiit of justice, equity, or necessity. In considering the character of the classes exempted it is evident that Congress contemplated the enumeration of all of the prescribed ages whose offices or functions seemed more essential to the public weal at home than in the service. The princi- ple of the bill is, therefore, that the whole necessary operations of society and business can and must be done by the exempts and those above and below the prescribed ages, while all othdr white males capable of bearing arms shall be in the armies of the Confederacy for the sacred duty of public defense. rfhis principle the Department rigidly applies, with but few inconsiderable exceptions of the clearest equity or necessity. An impression has strangely prevailed that the exemptions prescribed by the act availed as well to discharge from the Army as to exonerate from the call of conscription. For this no foundation can be found in the law, while~ the earnest aim, clearly expressed in the first act, to retain the Army as absolutely essential, as well as the general phraseology of the law, excludes such con- struction. The whole scope and operation of the second act apply exclusively to those to be subjected to the expected call of the President, and the act of exemption, passed to limit and define it, can, of course, have no wider stretch. The very terni of exemption implies freedom from a call to be made, not discharge from existing service. It is well, too, in every view, that such is the only reasonable construction of the acts, for a more mischievous mode could hardly have been devised to weaken and dissatisfy the Army than to have made the grounds of exemption causes of discharge. Apart from the inevit- able loss in numbers to the Army, it could not be expected that the soldiers not embraced, seeing comrades equally capable of service discharged on such grounds as, for instance, that they had planta- tions with twenty slaves without other male adult on them, or because of their addiction to special mechanical, mining, or manu- facturing pursuits, would not feel the gravest discontent and indigna- tion. Demoralization, if not more disastrous effects, must inevitably have e~msued. There are certain classes of officers and employ6s not exactly engaged in State or Confederate service, yet so important in their public ministry, such as the officers and police of cities, firemen, superintendents of water or gas works, and the like, and others again essential to corporations, private in interest, but highly important to the transaction of general business or to works of public benevolence, such as the officers and clerks of express companies, of leading banks, evangelical societies, and simnilar institutions, to whom it might be advisable to extend the privilege of exemuption. The classes of tradesmen or mechanics exempted in deference to the peculiar needs of society might also be enlarged. There are, too, in the Confederacy districts of not very fertile country where the citizens are generally in moderate circumstances and have few or no slaves. rrlme draft on them of all the uales between eighteen and forty will probably remove their laboring classes to such an extent as to endanger scarcity and even destitution among the remainder. Some relaxation of the law graduating the number to be conscribed in proportion to the deficiency of slave labor in every county or district would be both equitable and judicious. Omie of the exemptions of the act, that which to secure the proper police of the county~ exempts one person on each plantation of twenty negroes on which there is no white muale adult not liable to muilitary duty, has cause Page 288 288 CORRESPONDENCE, ETC. in many portions of the Confederacy dissatisfaction and complaint. This has been in many instances from mere invidiousness in regard- ing the slaves merely as property and not as a servile class to be con- trolled from considerations of general safety. In others, where the slaves are regarded only as helpless dependents to be cared for and cherished, the claim has been asserted that similar privilege of exemp- tion should at least be accorded to those who had many helpless children or females dependent solely on their care or labor. The latter view would alone seem entitled to consideration. It would probably relieve the law from much odium and yet only promote equity and the public good if when, as in cases not unfrequently pre- sented, eight or ten helpless whites are dependent on one male friend within the prescribed ages exemption should be accorded by law. It will be observed you have not yet exhausted your power of call. The faithful execution of that mode, it is confidently hoped, will dis- pense with the need of further draft on those who, from their age, are apt to be by their larger ties and interests most essential to society. Our armies may thus be adequately recruited and maintained aV the maximum required by their organizations. More need scarce be desired. The organization of the Army has been advanced by the appoint- ment under the act of Congress of five lieutenant-generals. They were all major-generals and selected for approved skill, coiiduct, and experience. They are all now in active service, some commanding separate departments and others leading army corps under a general in the field. Major and brigadier generals in requisite numbers to meet the exigencies of the service have been appointed and assigned. The policy of organizing the brigades with troops and generals from the several States has been pursued, and as opportunities offer, with- out detriment to the service, will be carried out. The greater satisfac- tion of the men from each State when collected together, the generous emulation for glory to their State and the fair apportionment of offi- cers assured to each State according to its contribution of defenders to the country will, it is hoped, overbalance the inconvenience of sepa- rati~ig regiments and companies previously associated and the liabil- ity to State jealousies. The policy will be persisted in to a full trial of its merits. The military courts authorized at the last session of Congress have been constituted. In making the appointments, while qualifications were first considered, preference among the applicants was, as far as the range of choice allowed, given to those who had been wounded or disabled in service. These tribunals supply a need much felt by our commanders in the field. The necessity of frequent courts-martial caused much embarrassment and many delays. Without them now the prompt administration of the military law may be secured, de- sertion and straggling checked, license of all kinds restrained, and temperance, discipline, and subordInation advanced. The various branches of special service he~etofore established have proxted judicious and worked generally well. The battalion of sharpshooters attached to each brigade has done much to restore our superiority as marks- men, which had begun to be endangered by the guns of long range and constant practice therewith of our less skillful adversaries. On many occasions the efficiency as well as the valor of these battalions has been strikingly exhibited~ and they are now felt as almost a necessity to a proper organization. The appointments of artillery officers for ordnance service and of engineers have as yet been made only i Page 289 CONFEDERATE AUTHORITIES. 289 part. Boards, however, have been constituted for the examination of candidates and are required to hold their sessions in different parts of the Confederacy, so as to afford similar facilities of access to those at a distance from the Capital. Some sessions have been held and reports have been made assigning the order of merit in which the suc- cessful candidates have passed. It is the purpose of the Department wheim these lists have been completed to make the appointments from them, and as justice and implied faith seem to demand, to give prior- ities in commission according to the reported grades of qualification. rrhe engineer officers already appointed amid acting have proved most efficient aids, as well in field operations as in local works and defenses. They have had, however, no special corps of men, but only such as when occasion required were detailed for the special service. It may be well doubted whether a company or two in each brigade should not be specially devoted to engineering work and be exclusively commanded by engineer officers. Greater skill and effi- ciency could not fail to be attained by the men so employed, while the inconveniences which often arise from the delays in special details and the occasional controversies arising between the officers in com- mand of the detailed men and the engineer officers guiding their oper- tions would be avoided. In connection with such a corps a company of pioneers and pontoniers, armed only with revolvers and sabers, but carrying some effective tool, as an ax, a pick, or a spade, might be advantageously constituted under the command of an engineer officer. One detachment of them might precede each brigade in its march, smoothing the roads and bridging the small streams, while another should accompany the trains prepared to remove impediments or give prompt assistance iii case of accidents. The celerity of army move- tuents, on which often great results depend, would be sensibly increased- by such an arrangement. The officers for ordnance service, as far as appointments have been made, have rendered the distribution of munitions and the supply of arms amid artillery more regular and complete, and have at the same time promoted economy in consumption, care in preservation, and great e?efficiency in their use. The Signal Corps has been filled and organized and is now in effect- ive operation. It justifies the expectations entertained of its utility and contributes immaterially to the dispatch of orders, the transmission of intelligence, and the general safety of the Army. The policy of organizing corps of partisan rangers has not been approved by expe- rience. The permanency of their engagements and their consequent inability to disband and reassemble at call precludes their usefulness as mere guerrillas, while the comparative independence of their inili- tary relations and the peculiar rewards allowed them for captures induce much license and many irregularities. They have not unfre- quently excited more odium and done more damage with friends than enemies. rfhe mcii composing Umem would be more useful in the reg- ular organizations, and while IiheD epartment has been reluctant to disband them it avoids raising more and endeavors to persuade and promote the conversion of existing corps into similar bodies in the line of the Provisional Army. The principle now applicable to nearly all the regimental and company organizations, of promotion by seniority and of election in the lowest grade only, is believed to have given more satisfaction than did that of general election. A feeling of greater security and more professional pride is engendered and 19 R RSERIES iv, VOL I Page 290 290 CORRESPONDENCE, ETC. stronger inducements are presented to all subordinate officers to improve and prepare themselves for higher positions. Still, in an army where a large proportion of the ofticers have had no previous military training or experience, due assurance cannot be felt of the competency of those on whom promotion may by this rule bc cast. A provision against gross incompetency is indeed made by the authority conferred by act of Congress for the convening of a board to determine qualifi- cations, but resort to this remedy is naturally odious and in practice it proves but little efficacious. It is not to be denied that l)romotion by seniority alone represses ambitious aspirations and the spirit of enterprise and daring which promotion by merit inspires. Some recognition of this amid desire to avoid its effects have beemi manifested by the enactment of Congress allowing promotions to 1)e made by the President in cases of distinguished skill or valor, but save in the rare case where recommendation of extraordinary merit is given by the commanding general such appointments can omily be made to a vacancy in the company, battalion, or regiment to which the party is attached. Besides, where promotion by seniority is the almost uni- versal rule, the exercise of this appointimig power becomues odious, is construed iiito injustice to all the inferior officers of the special organ- izatiomi, amid breeds discomitemit an(l dissension. In coilseqilemice it is very rarely exercised, and the injurious effects of promotion by senior- ity alone are not by this provision effectively coumiteracted. It is sug- gested that somne beneficial effect imi inspiriting to deeds of valor amid the display of extraordinary merit would result frommi comifimuing dcc- tiomi to the lowest grade (the starting point on the road to homiors) to those, if any in the comupany, who hiad been recomiimnended by their comumuanders for distinguishied skill and valor. This wonld not deprive the compamiy of thie privilege of election, but would confine the chioice among the imiost worthy. Still, the higher and more importAnt graies would be supplied only by seniority, and with deference it is recom- mended that somne niodle be dlevisedl 1)y the wisdlom of Congress to have vacancies ot that class more frequemitly the rewards of high deeds and snperior quahificatiomis. This is the more necessary, since the commuis- smo~s of officers imi the Provisional Arniy being dependemit on the con- tinuance of their organizations, somime of the most valuable in tIme service have been thrown out by the dissolution or disbanding of their comupanies or regiments when, oftemi through their own gallamitry, too much reduced for service. Under the present system, hiowever men- tonious or efficient, there is no I)lace for them in the line, and they can omily be replaced iii time Armny by conscription as privates. TIPs is scarce less just thiami imupolitic. Sommie provisiomi should be adlopted by which such officers should retain their commissions, or the privilege of appointment to vacancies which they are emnimmently fitted to fill should be accorded theni. The hardships to time officers in such cases, togethier with reluctance to lose their services, have sometimes indnced gemierals imi comninamid, parti~cuharly in time most distamit (lepartmnents, to assigmi such officers temporarily to vacancies for which time officers emititled by seniority were kmmown to be less coimipetemit, or to special duties. Aim enibarrassment results. The officers iii sommie cases after a long service find that they have lost their commissiomis by time pre- vious disbanding of their commands amid can imeithier be recognized nor receive their pay as officers. Some appropriatiomi to mueet such cases and provide compensation at least for the period of their actual service should be provided. In this connection another interestimig class of cases deserves pass- ing notice. It has repeate(hly imappemmed that officers who have raise Page 291 CONFEDERATE AUTHORITIES. 291 companies or regiments, or who have been passed over by a State with their commands to the Confederate service after joining some of our armies, but before their muster-rolls have been duly returned or notice properly given to the Adjutant-General, have been captured or had their commands broken up and dispersed by the enemy. Some in such cases have pined long in prison, others have served in assigned commands for months, and when either exchanged or led to apply for recognition and pay as officers have found no authority in the 1)epart- imient to allow either. Several cases like these of peculiar hardship occurred among the officers of the Louisiana State troops transferred to the Confederate service, who were either captured or dispersed after the fall of New Orleans. It is recommended that wherever their imprisonment or service as officers can be satisfactorily established payment to them be authorized 1)y law. Measures to afford adequate supplies of ordnance, arms, and muni- tions for the Army have claimed the earnest attention of the Depart- nment. The increased stringency of the blockade by the enemy, while it has made the importation of sufficient supplies more difficult amid costly, has at the same time induced more energetic efforts to find and develop all internal resources. rrhe results so far are very encour- aging. Our present supplies are at least as abundamit as they have been at any time past, and our prospects for the futnre more I)rOmnis- lW~. Two establishments, in addition to the leading one heretofore existing at this city, for making ordimance have l)ecuL founded in interior towns under the auspices of the Department, one of which is already in successful operation and the other will be in a very short jine. Besides these somne smualler establishments have been fostered and engaged in simnilar work. Thus the serious anxiety which resulted from dependence on a single establishment liable to be interrupted by casualties or time chances of war has been removed and a larger pro- vision secured for future supplies. Of sunall-arms the Department can now furnish stores more adequate to the requirements of the Army than at any preceding date, while of munitions it emitertains no dread of deficiency. In these particulars, also, by the encouragemuent and es~ablishmuent of manufactures within the Confederacy, the Departmnent is daily becomuing less dependent on foreign supply, and it imudulges the hope that it will at no remnote period be able to dis- pense altogether with that reliance. In this connection it would be injustice not to refer to the efficient aid which has been remidered by the Niter Bureau, which is charged with much more general operations~ than its name would indicate. The most serious embarrassment to be apprehended in reference to the ordnance supplies is in the deficiency of iron. Before the war nearly all iron-works withuimi the States of the Comifederacy had languished or decayed, amid froun time sense of precari- ousmiess in the future and the scarcity of suitable labor it has l)een very difficult. to establish theni in sufficient npmnbers ami(l omi an ade- qiiate scale to meet the necessit4es of the war. It has beemi necessary that the l)epartnient should stimulate enterprise by large advances amid liberal comitracts, and likewise contribute by details to the supply of labor. Many new furnaces have been established, amid those in operation have been enlarged and tempted to continue niore uninter- ruptedly in blast. If the contracts made with the Department are only fully carried out, it is believed the supply will prove adequate, but there are many difficulties imi the prosecution of the work fromn the emihancemnent of all prices and from the teniptations constantly offered to comitractors to prefer the superior profits which they cami commuan Page 292 292 CORRESPONDENCE, ETC. by supplying the general market. In some instances the Department has had no alternative but to resort to impressment to enforce the fulfillment of its contracts or to supply its pressing necessities. Embarrassments of the like nature have affected the operations of the Quartermasters and Subsistence Departments. For some of the leading articles required by the former reliance has necessarily been placed to a considerable extent on foreign supplies, since they are not adequately furnished within the Confederate States. rpllis has spe- cially been the case with woolens and leather, and under the losses and interruptions caused by the blockade there have been at times rather scant supplies of blankets, shoes, and some other articles of clothing. Still, by using to the utmost internal resources, by the establishment of factories and the organization of workshops, and by greater economy in use the Army has never been allowed seriously to suffer. Of late great success has attended importations, and besides contracts for supplies have been made on liberal teruis to so large an extent that security is now felt of timely and abundant provision. To attain a result so indispensable to the comfort and preservation of our gallant armies, the Department will spare no exertion or sacrifice. For due supplies of forage and subsistence reliance has been placed on the productions and resources of the Confederacy alone, and so far they have proved abundant. They are, however, more affected by the peculiar circumstances of the country. rrhe harvests of the past season have not generally proved propitious, and notwithstand- ing the much larger breadth of land devoted to the culture of cereals and forage the product in many extensive districts of the Confederacy is below the average, and in some threatens scarcity. The cost and want of transportation make (lifficult the collection, distribution, and equalization of such products. In addition, the ravages of war, prosecuted by our malignant enemies in shameful violation of all civilized usage for the ends of rapine or destruction, have desolated considerable districts of fertile country. rihe districts thus devas- tated have been, too, mainly those which have heretofore afforded the largest supplies of meat. The rearing of animals for food has been since the war very generally increased throughout the Confederacy, and from other districts larger supplies than heretofore may be expected. Still, the scarcity of grain and forage must check consid- erably this increased production and render adequate supplies for the future more doubtful. A yet greater cause renders the procure- ment of the supplies that exist difficult. The redundant issue of Treasnry notes, which the needs of the Treasury have made inevi- table by inflating the currency far beyond the wants of the country for a circulating medium, has caused a great enhancement of all prices and inspired a general and inordinate spirit o~ speculation. As the cause of enhancement has been and must be continuous, being the necessary issue of Treasury notes, so the increase in prices has been, and without check frojn legislation must be, steadily progressive. This is so understood or has been so experienced by all classes that there is on the part of all having the necessary supplies to sell the strongest repugnance to part with them, even at the exaggerated cur- rent rates, from the conviction that a longer holding will assure still higher prices. The motive is so influential and general that it is next to impossible to supply the necessities of the Government at fair prices or by voluntary contracts. Resort to the power of impress- ment has become an absolute necessity for the support of our armies. It is a power of great delicacy, liable to perversion and abuse, an Page 293 CONFEDERATE AUTHORITIES. 293 should be surrounded by every safeguard of equity cousistent with its exercise. The sauction and regulation of the power by law is ear- nestly commended to the early cousideration of Congress. By con- trolling the transportation on the railroads on some judicious general system and the dne regulation and exercise of the power of impress- ment, the evils referred to may in a measure be remedied and the supplies absolutely essential may be commanded. But it is not to be disguised that a more complete remedy is desirable and that it only can be found in the regulation of the currency, the cessation of infla- tion, and the consequent reduction of prices to a more stable stand- ing. This more appropriately pertains to the province of the Treasury Department, by the able head of which it will doubtless be fully pre- sented. As, however, the War Department is the great consumer and most prejudiced by this evil, it may be pardonable to say that there is but one radical remedy. That is easy and simple. It is by legisla- tion to limit the negotiability of the rrreasury notes, so that there never shall be outstanding at any one time more than the maximum required for the circulation of the Confederacy. The estimates of the several bureaus of this Department for the period ending June 30, 18(33, are herewith submitted. * They will be found to be large, but not larger, it is believed, than the exigencies of the service require. An interesting report from the Commissioner of Indian Affairs is herewith submitted. t During the last summer there were among the tribes in the Indian country some agitations and disturbances which threatened internal conflicts and a possible outbreak upon the con- tignous States. They have, however, been happily appeased, and there is every reason now to expect tranquillity among themselves and their amity and alliance with the Confederate States. From the preceding imperfect review may be found assurance of the increasing power, means, and resources of the Confederacy for the successful prosecution of the war. We have room, too, for grat- ulation at the firmness, unity, and self-devotion of our people and the skill and valor of our generals and soldiers, and much cause of devout gratitude to the God of battles for the signal triumphs vouchsafed over th~ hosts of our malignant foes. Nor can I conclude without commemorating another glorious victory that has just crowned the triumphs of the year and given added cause of thankfulness and rejoicing. General Lee and his noble command have, at Fredericks- burg, hurled back in dismay, with frightful slaughter, the grand army of invasion, engaged for the fourth time in the vain task of con- quering our Capital. They had sacked and desolated the townone of the most reputable of the Statewith rapacity and brutality that would have disgraced savages, and it was made the appropriate scene of their retribution, for its streets were piled with their dead and wounded. From the face of the avengers they slunk away amid storm and darkness, leaving to our gallant army the assurance of acknowl- edged superiority and affordin~ to all a bright augury of their future total expulsion from our soil. Such happy result will likewise be advanced by the renewed gallant repulse of the enemys coiubined attack by land and water on Vicksburg and by the decided victory of General Bragg and his brave command, which, on the 31st ultimo, crowned time triumphs of the year. Scarcely less hopeful assurance is afforded by the indecisive and bloody struggle of the 2d instant, which, while resulting in the temporary retirement of General Braggs * Details omitted in view of summary, next post. - t See January 12, p. 352 Page 294 294 CORRESPONDENCE, ETC. forces to a better line of defense, inflicted such grievous losses on the enemy as to leave his army too shattered and dismayed to follow. Respectfully submitted. JAMES A. SEDDON, Secretary of War. Estimates for the IVar Department from the 1st (lay of February, 18G3, to the 30th (lay of June, 1803. For pay, transportation, and other allowances of the Quartermas- ters Department, as per estimate of Quartermaster-GeneraL - - $171, 707,927.00 For subsistence of the Army, as per estimate of Commissary- General 48,050,500.00 For expenses of engineer service, as per estimate of Chief of Engineer Bureau 3,000,000.00 For Ordnance Bureau, as per estimate of Chief of Ordnance --- - 15,900, 000. 00 For Medical Department, as per estimates of Surgeon-General: No. 10 $2,050,000.00 No.17 890,000.00 3,540,000.00 For civil expenditures of the War Department, as per estimate of the disbursing clerk 172, 038.23 Total -- 242,977,065.23 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 1. Richmond, January 3, 1863. I. The following orders are published for the information of the Army: All white male citizens of the Confederate States between the ages of eighteen and forty who are not exempt by the act of October 11, 1862, are liable to conscription; and all such as have been already enrolled and mustered will be held as though in service of the Con- federate States, until otherwise ordered. Exemption will not take l)1a~e until after enrollment, when enrolling officers will grant certifi- cates of exemption in all cases clearly within the meaning of the act. All doubtful cases for exemption will be referred for decision to coin- inandants of camps of instruction, and, if necessary, by them to the chief of the Bureau of Conscription in Richmond. Such cases will not be require(l to report in person to the camp of instruction until final action is had on the same. II. Enrolling officers are required to be vigilant in the discharge of their duties within the district confided to them, not only in respect to the enrollment of conscripts, but also in the apprehension and arrest of stragglers and deserters from the Army. Complaints hay- ing been made of harsh treatment to conscripts by enrolling officers in certain localities, which treatment is calculated to prejudice the cause of the Confederate States, by encouraging opposition to the acts of conscription, it will be the duty of conunandants of camps of instruction to report to the Secretary of War, for discharge from comiscript service, any officer who shall offend in this particular. It is required of all enrolling officers to encourage and promote a good understanding with the people of the district in which they umay be serving; and it is impressed on them that firmness of purpose, tem- pered with kindness and forbearance, will best promote tim objects to be attained Page 295 CONFEDERATE AUTHORITIES. 295 III. Enrolling officers will furnish to commandants of camps of instruction, at the end of each month, a complete roll of the con- scripts made by them during the month. Such rolls will also embrace the names of persons who have been enrolled and exempted within that period. One copy of these rolls will be immediately forwarded by the commandants of the camps of instruction to the chief of the Bureau of Conscription in Richmond for file and future reference. IV. All commissioned officers between the ages of eighteen and forty who have become disconnected with the Army by the operation of General Orders, Nos. 48 and 96, of 1862, or by reason of the non- re-election, resignation, or dismissal, nnless actually disabled (of which they must furnish evidence), are subject to conscription; and while substitutes between the above ages, and who are not embraced in the provisions of the exemption law, will be held in service to the end of the terms for which they have engaged, the principals within the same ages, for whom the substitutes may have engaged to serve, will be liable to conscription. By order: S. COOPER, A~jntant and In spector General. GENERAL ORDERS, ADJT. AND IN5P. GENERALS OFFICE, No. 2. Richmond, January 3, 1863. I. The following orders are published for the information and guid- ance of all concerned: Recognizing the necessity of officers of railroads having fnll con- trol of their business, iu order to insure safety and dispatch in trans- portation, military officers are prohibited from interfering with the engines, cars, running of trains, or with thie control and management, in any way, of railroads. II. When transportation of troops or freight by railroad is neces- sary, a quartermaster or other authorized officer shall make requi- sition ~or the same upon tIre smiperintendent or proper officer of the railroad, furnishing the necessary evidence of transportation and delivering the troops or freight to be transported. III. In the event that muore freight is to be transported over any road thami the road has the ability to carry promuptly, the officer fur- nishing evidence of transportation will indicate to the railroad officer what shall take precedence. In the absemice of any special order as to what freight shall go first, the railroad officer shall be governed by any general order the Quartermaster-General may issue in regard thereto. IV. Where troops or freight is to be moved out of the usual routine of a railroad, the officer havimig charge of such muovenrent will fix with the superintendent, or other officer of the road omi which the muovement is to be made, the Aay and hour of departure, and when so fixed the troops or freight must be ready at the appointed timne. V. In the event of any military necessity for an unusual muove- muent at any particular point, tIre commanding officer at such post will comumunnicate fully tIre character and extent of service to the principal officer of the road or roads from which it is required, amid ask the personal supervision of the proper railroad officers to the duty. VI. Quartermuasters and comumissaries will exercise discretion in shipping freight not wanted for imumediate use, and that may b Page 296 296 CORl~ESPONDENCE, ETC. stored at safe and convenient points, taking care not to block up roads and thereby inipede transportation. VII. When it is necessary to send a special messenger with freight, such messenger must travel with the freight placed in his charge, and his transportation shall be so specified on its face, in order to prevent him from traveling in any other way. VIII. Enrolling officers will permit conscripts enrolled while in the employment of railroads to remain at their dnties until Col. William M. Wadley, assistant adjutant-general, decides as to who of them it is necessary should be detailed for service on the road. IX. Any violation of these orders, or remissness on the part of rail- road officers to perform promptly all Government transportation, will be reported to Col. William Al. Wadley, assistant adjutant-general, who will indicate from time to time where his headquarters will be. By order: S. COOPER, Adjutant and D~ spector General. Act of the Legislature of ]iiis~issippi. AN ACT to authorize the impressment of slaves and other I)ersonal property for military purposes. SECTION 1. Be it enacted by the Legislature of the State of Miissis- sippi, That to provide for the public safety by aiding the military forces of this State and of the Confederate States engaged in defend- ing the same to repel invasion and repress insurrection, the Governor of this State be, and lie is hereby, invested with full power to impress able-bodied male slaves between the ages of eighteemi and fifty years, or so many thereof as he may deem necessary, or as may be required by the military necessities or exigencies of the State, or as may be called for or required by the military commander of the State or Con- federate forces therein, with the use of tools and implements, wagons, tean~, and harness which mnay be necessary to render the labor of the slaves impressed effective; also subsistence for the samne. * * * * * * * SEC. 2. Be it further enacted, That the owners of all slaves impressed into the military service under the foregoing section shall be entitled to the same pay, rations, clothimig, or coummutation there- for for each of them as privates in the military service of this State, the said pay to be made monthly in advance by warrant of the State treasury upon the requisition of the Governor to the au(litor, founded upon the return by the party making the impressmnent; but if the owner or owners of such slaves as imupressed shall refuse to receive such compensation, then the party making the impressment shall act as arbitrator in behalf of th~ State, and the owner shall select a dis- interested party to act as arbitrator in his behalf, and they to select an umupire in case of disagreement, who shall l)roceed to assess the monthly value of the service of the slave or slaves so impressed, and the award shall be final. * * * * * * * SEC. 11. Be it further enacted, That the Governor shall prescribe rules and regulations which shall be observed by all military commanders and other persons having charge of slaves hereb Page 297 CONFEDERATE AUTHORiTIES. 297 impressed, for the employment of suitable overseers or managers for time same, and also for the necessary care, protection, health, medical treatment, and return of said slaves. SEc. 12. Be it further enacted, That if any slave impressed under this act shall die or become permanently disabled by reason of neglect or want of proper attention or care on the part of any of the agents or officers of time government of the State or the Confederate States, or shall be killed, disabled, or taken by the enemy, the owner of such slave shall be entitled to be paid all damages sustained thereby out of the State treasury, and it shall be the duty of the Governor, on application of the owner, agent, overseer, manager, or person having possession of such slave, to appoint one suitable person as arbitrator on behalf of the and such owner, ~ , overseer, manager, or State, a~ent other person shall appoint an arbitrator on the part of such o~vner, who shall proceed under oath to ascertain the value of such slave or other damage sustained by such owner, with power to appoint an umpire in case of disagreement, and the award of the majority of them, made in writing, shall be filed in the auditors office, and the auditor shall issue his warrant for the amount of such award when- ever the Legislature shall have made an appropriation for that purpose. SEC. 13. Be it further enacted, That this act take effect and be in force from and after its passage, and continue in force for and during the continuance of the present war. Approved January 3, 1863. UNIVERSITY OF VIRGINIA, January 3, 1863. lion. JAMES A. SEDDON, Secretary of War: Sin: We are advised by the notice of the enrolling officer of the Seventh Congressional District that the enrohimnent for muihitary serv- ice of all persons between the ages of eighteen amid forty will be enforced for the coumity of Albemnarle between the 8th and I 3th of the present momith. We are also advised that students over eighteen years of age are subjects of conscription. rfhe faculty of the university, impressed with the conviction that the withdrawal of students from the institution as conscripts would seriously affect its interests, and perhaps jeopardize its existence, without adding appreciably to the muilitary strength of time Confederacy, have requested me to address you on the subject and ask your favor- able interposition in such muanner as may appear to you expedient and consistent with your sense of duty. I amn too sensible of the value of your timne to the public service to trouble you with a recital of the considerations which, in the opinion of the Board of Visitors as wel as time faculty, reminder it of the last importance to time future prospects of the institution that its opera- tions should be continued without interruption during the war. Among these considerations I innay muerely cite the danger of time per- manent loss of the annuity if operations are once suspended. The autlmorities are conimnitted with, I believe, entire unanimnity to the policy of continuance, notwithstanding the discouraging fact that the nummuber of students has been reduced from upward of 600 in 1861 to less than 40 in 1863. TIme conscription falling upon time smal Page 298 298 CORRESPONDENCE, ETC. number now attending the lectures will almost certainly inflict a blow which will prostrate the institution and close its (loors during the war. I have to-day examined the matriculation book, and find the whole number of students now subject to conscription, excluding three Marylanders, amounts to eighteen. Some of these have come of military age since they entered the university in October, and a majority have been in military service at some time during the war, but have l)een discharged for various causes. If the conscription is enforced in regard to students, I do not think that more than ten con- scripts, if so many, can be added to the Army from the university, but the process of enrollment and subsequent proceedings will so interrupt the routine of duties at the university as to render the remainder of the session of little profit to those who may not be with- drawn, if it should not lead to an absolute suspension of the opera- tions of the institution. I trust, therefore, you may deem it expedi- ent, under the discretionary power vested in the President by the act of the 16th April, 1862, to exempt such other persons as he shall be satisfied, on account of justice, equity, or necessity, ought to be exempted, which power, it is presumed, is practically exercised through the Secretary of War, to instruct the enrolling officer, Col. Alex. Taliaferro, for the Seventh Congressional District, not to include the students of the university in the enrollment for his dis- trict; or, if the enrollment is indispensable, perhaps you might deem it expedient to grant all the students taken as conscripts furloughs until the close of the present session4th of Julywhen they might be required to report for duty. May I ask you the favor to make known to me at an early day any measure of relief you may be pleased to grant, that the uneasiness and uncertainty in prospect of the con- scription may be removed. With the highest respect, S. MAUPIN, Cha irm an oJ the Faculty. STATE OF SOUTH CAROLINA, EXECUTIVE OFFICE, Hon. JAMES A. SEDDON Columbia, January 5, 1863. Secretary of War: SIR: I had the honor of transmitting to you on the 30th of Decem- l)er a copy of an act passed by the Legislature of this State at its recent session, entitled An act to organize and supply negro labor for coast defense, in compliance with requisitions of the Confederate Government, alid of requesting an expression of assent or dissent to the provisions of the said act on the part of the Government. Refer- ring to the third section of the said act, I beg leave to renew the request made in my last coiumnunication on this subject, and am, With great respect, your obedient servant, M. L. I3ONIIAM. EXECUTIVE OFFICE, Rale:gh, N. C., January 6, 1863. lion. J. A. SEDDON, Secretary of War: SIR: Some time since when in Richmond I had the honor to mention to the President the subject of enforcing the conscription in counties wholly or in part under the control of the enemy. In view of the difficulty of the case, I asked his consent to raise by volunteerin Page 299 CONFEDERATE AUTHORITIES. 299 all the troops I could in such of our eastern counties. To this he consented, and under my authorities some four or five companies have beeu raised and the volunteering is still going on. The enrolling officers have, however, applied to me for instructions, thinking it their duty under orders to conscript all they find of the proper age and to prevent any more from volunteering. having only a verbal under- standing with his Excellency, I thought it best to lay the matter before you and have the written consent of the Department, so as to avoid any appearance of conflict and relieve the enrolling ofticers. The policy is so obvious that I need not dwell upon it. A large propor- tion can and have been obtained where it would be impossible to enforce the law. When it can be vigorously executed, of course, it is best that it should be done. Allow inc to hope that it may not be inconvenient for you to give inc an early reply. Most respectfully, your obedient servant, Z. B. VANCE. ORDNANCE BUREAU, Richmond, January 7, 18G3. Hon. JA~IEs A. SEDDON, Secretary of War: SIR: In reply to the accompanying resolntion* of the house of Representatives of the Confederate States, transmnitte(l to me by you, 1 have the honor to state that I have fixed the 1st day of September as the period to which my report is made. From some of the more remote arsenals and depots statements of fabrications and issues have imot yet come in. The report is not, therefore, as full as could be desired. Small arms (rifles, muskets, carbines, and pistols): Fabricated 14,349 Issued 294 753 Remaining on band _ 9 870 Infantry accouterments (sets): Fabricated __ 248 006 Issm~ed 408,756 Remaining on hand ~ -- 25, 457 Infantry equipments: Fabricated ____ 137 913 Issued -- 252,415 Remainimigonliamid -- 18,579 Public armories: Rifles, muskets, and carbines manufactured per month 2,050 Private armories: Rifles, muskets, carbines, and pistols manufactured per month - - - - - 1, 550 Sabers manufactured per month 3,500 Average cost of Rifle ormusket ___ ~21 50 Carbine 42.50 Saber~ 18.00 Other private armories are m~nder contract, and it is exl)eeted that the supply will be increased from them 300 fircarimis per month dur- ing the present year. The capacity of the public armories will also be increased and the new and large armory at Macon, Ga., it is hoped, will be in operation before the close of time year. Very respectfully, your obedient servant, J. GORGAS, Colonel and Chief of Ordnance. * See Dixon to Davis, Septemuber 10, 1862, p. 80 Page 300 300 CORRESPONDENCE, ETC. EXECUTIVE OFFICE, Jackson, ]lfiss., January 7, 1863. Honorable SECRETARY OF WAR CONFEDERATE STATES, Richmond, Va.: SIR: I am directed by His Excellency John J. Pettus, Governor of Mississippi, to say to you that in October last all Mississippi State troops in active service, militia and volunteers, were placed under the orders of the Confederate authorities of this department, with the understanding that during the time they should so remain they were to be treated in all respects like Confederate troops. In pursuance of this understanding Lieutenant-General Pemberton issued his General Orders, No. 7, an extract of which you will find inclosed. Since that time another question has come up not heretofore provided for. It is this: Cavalrymen of the State troops have their horses killed in battle, and thereby lose their saddles, bridles, & c., and guns, and call upon the Confederate authorities for payment therefor, which is refused upon the ground that they are State troops. This decision, His Excellency thinks, is not right, and refers the matter for your adjudication. The property being lost in the Confederate service, the Confederate Government should pay for the same. Your earliest attention is called to the above. Very respectfully, JAMES H. RIVES, Private Secretary. [First indorsement.] JANUARY 19, 1863. QUARTERMASTER-GENERAL: Have allowances been made in such cases? J. A. S., Secretary of War. [Second indorsernent.] QUARTERMASTER-GENERALS OFFICE, U SECRETARY OF WAR: January 21, 1868. rThe seventh section of the act (No. 48) approved March 1, 1861, provides in the last clause that volunteers shall be allowed compen- sation for horses killed in action. In the previous part of the section reference is made to militia or volunteers, & c., but the last clause just quoted excludes all mention of the former. The construction would seem to be that no provision is made to compensate mounted militiamen for horses killed in action. Respectfully, A. C. MYERS, Quartermaster- General. [3%ird indorsement.] JANUARY 24, 1863. QUARTERMASTER-GENERAL: Consider the case with reference to the act of Congress of March 3, 1849, on this subject. By order of Secretary of War: J. A. CAMPBELL, Assistant Secretary of War Page 301 CONFEDERATE AUTHORITiES. 301 [Fourth indorsernent.] QUARTERMASTER-GENERALS OFFICE, January 30, 1863. I think the case is clearly within the provisions of the act of 1849. The payments would under that act be made after adjustment by the Secon(l Auditor, and not the Quartermasters Department, the only cases in which compensation is made by this department being under the act of March 6, 1861. Respectfully, A. C. MYERS, Quartermaster- General. [Inclosure.] GENERAL ORDERS, IIDQRS. DEPT. OF Miss. AND EAST LA., No. 7. * * Jackson, October 25, 1862. * * * * * II. Whenever State troops are organized and serving under the Confederate authorities they shall be entitled to the same pay and allowances as Confederate troops regularly mustered into Confederate service; therefore all State troops now serving in this department and serving under Confederate authorities will receive the same pay, the same medical attendance, and the same allowance of quartermuas- ters and commissary stores as other troops recognized and known as Confederate troops. * * * * * * * By command of Lieutenant-General Pemberton: J. R. WADDY, Assistant Adjutant- General. KING AND QUEEN COURT-HOUSE, January 7, 1863. Honorable SECRETARY OF WAR: SIR: I arrived at this place on the 29th ultimo, and immediately commenced a tour through the counties of Gloucester and Mathews. The enemy is making almost daily raids in those counties, stealing and destroying everything they can lay hands upon. The people are munch excited and beg for a force to keep them back. I think I shall be able to collect in these counties from 150 to 200 conscripts, and from King and Queen, Middlesex, and Essex, from 100 to 150. As I passed on in my tour I advertised, calling on all liable to the conscript act to appear on yesterday (7th [6th] of January) at Saluda (head- quarters of Captain Littletons cavalry company) to be examined preparatory to being enrolled, & c., and the result was as follows: We examined 71; 31 were received; 18 were exempt on accoimut of physical disability, and 29 on. the ground of being C. S. and State officers, millers, tanners, ministers of the gospel, physicians, & c. My reasomi for selecting Saluda as a point of rendezvous for examination and enrollment, & c., was the great danger of being surprised and captured by the enemy lower down. When Captain Cloptons com- pany shall be organized I will have at my command two full com- panics. At least 1150 conscripts in Gloucester and Mathews will not only not appear, as ordered to do, but will force to be collected by a military force. I shall use the two companies for that purpose, an Page 302 302 CORRESPONDENCE, ETC. no time nor energy will be wasted in accomplishing the object. Shall I proceed to enroll in the counties of King atid Queen, Middlesex, and Essex? I can soon get all in those counties, it authorized to do so. Inclosed I send you a letter from Capt. John T. Seawell (and authority from Secretary Randolph), who has been taken by the enenty an(l paroled, relative to commissioning Capt. Thomas C. Clopton as commandant of his company. I have on a list in camp, independ- ent of those examined as above stated, sixty-five that have enrolled for Captain Cloptons company. Most of them are conscrij)ts, aml about one-half those that had enrolled for Seawells company. Shall I organize the company under Clopton, or enroll them as conscripts? If allowed to be organize(l it will be a valuable guard to the people of this section, and much assist me in work of b my apprchendin~ and enrolling the unwilling conscripts. I presume Captain C. is too well known to you to require recommendation from inc. I regard him a man of energy and courage. If authorized to organize the company I shall, as soomi as they are sufficiently drilled, order them to c4loucester Court-House, and Captain Littletons company to Mathews County. This force will keep off all marauding parties and quiet the people. In addition to tlme good these companies can do as represented, they can also render valuable services in apprehendin~ time blockade- runners and their goods in this section of the State; and on this point I ask instructions. The most illegal traffic is daily going on betweemi this class of citizens an(l time enemy. Flour, pork, meal, ammd, imideed, almost every article, are being carried across time bay to the Eastermi Shore, and across the Rappahanuock to the Northern Neck of Vir- gimmia, and exchanged for Yankee goods xvlmich they now run through I lie limmes to Richmond. This class of nien are mostly conscripts an(l outrageous extortioners. Give mue the authority and I believe I could apprehend hundreds liable to military service, and secure for the Government (at reasonable prices) large quantities of heavy wool- cims, shoes, blankets, medicines, and other army goods; or l)y confis- cation suppress the trade entirely. Please give inc instrtmctions what to do. I shall, however, in the meantime take charge of this class of imid~-iduals and their goods, and hold themn until I get instructions fmom your Department. Captain Littletons company, (livided into squads, is now operating in portions of Gloucester and Mathews, by my order, arresting unwilling conscripts ammd brimiging timeum imm. Time Northern Neck of Virginia, I understand, is worse than Yan keedomn itself. Thme most immulicensed trade is going on. That seetiomi ought to be lmn(ler military control by all means. Write imme on this point also. Vcry respectfully, your obedient semvant, I). J. GODWIN, Golon el on d En rollin ~ Officer, & c. P. S.Since writimmg time above a detachment of Captajim Littletomi s company has brought into cmmnmp five persomms emigaged 1mm ruunimmi into our lines from those of time emmenmy a large and excellent assortmemmt of ~~oo(ls. All time immeim, excel)t one, are, imm nmy opimmion, liable to time coim- script act. Two are frommi the Eastern Shore of Viroimmia, two from this county, and one claims to be a Mamylander. Vromn what immformnatiomm I cami gather somne of the party have probably taken thue oathm of alle- giance to tIme Ummmted States Goverimmuent, amid mnay be spies. What simall I do with them and their goo(1s ~ I imave elmnrge of both an(l will await your order. Is a Mamyhamudem found jim Viroini a liable to b Page 303 CONFEDERATE AUTHORITIES. 303 enrolled as a conscript? Please give me written instructions on all the points referred to in my letter and oblige, & c., D. J. G., Golonel, & c. I also inclose the application of J. I). Ailsworth and P. G. Dudley to be authorized to run through our lines such goods as our army may need. I have iio doul)t by licensing good men it would result a(lvalltageonsly to our cause. That, however, is a matter to be deter- mined by you. If authorized, I could select (rood and reliable mcii. Instruct inc fully. Excuse haste, & c. I). J. G., Colonel, & c. [inclosure No. 1.] GLOUCESTER CoURT-hOUSE, December 20, 1862. Hon. JAMES A. SEDDON, Secrelary of War: DEAR SIR: About the 22d of August last authority was sent to inc from the War Department to raise one or two companies of partisan rangers in the county of Gloucester and those adjacent. Such a coin- pany as would be of any service had not beemi fully raised by me when I was taken by the Yankees and paroled. rrhe muen who had joined are still extremely anxious to get the company up, and have obtained the consent of Dr. Thomas C. Clopton, of this county, to take charge of it. I write to ask that if possible the authority given to me, and which I now return, may be transferred to him. lie has had a good deal of experience as a cavalry officer, ~umd from his great energy and general character I know of mio one so well calculated to make such a company useful. I-he can hand you a copy of the names of the men already enrolled, and if they can be transferred to him, as soon as he has the authority to raise a company, by me, the men will prefer it, amid lie can soon raise a very fine company. We are utterly unprotected here, and evemi a small force under the control of a brave l)Ut ~udent man will tend very munch to help us, especially if Liii- colmis proelaniation shall have much effect omi the slaves. Very respectfully, JOhN T. SEAWELL. [Sub-inclosure.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Angusl 22 1862 JOHN rr SEAWELL, Esq., Gloucester County, Va.: SIR: Upomi the recommemidation of General Lee you are authorized to raise omie or two companies of partisan rangers (cavalry or imifamitry) for the defense of Gloucester and the adjacent coumities, yourself to be commissioned captain o? the first compamiy, and John K. Little- ton, of King and Queen, of the secomid, if it should be organized, front the date of muster into service. rrhese compamimes must be regu- larly enlisted for three years or the war, on the same terms as other volunteers, receiving the same bounty, subsistence or conunutation, pay, & c., under th~ saute regulations, and they must be fully orgami- ized with the requisite min.imumn numbers of men, and regularly mus- tered into the C. S. service. In the absence of a mustering officer you are authorized to muster the cOmpanieS iiito service, and you wil Page 304 304 CORRESPONDENCE, ETC. forward the muster-rolls by the first opportunity to the Adjutant- General. The companies must furnish, so far as possible, their own arms and equipments, but yonr requisitions forwarded to the Chief of Ordnance at Richmond will receive the earliest possible atteution, so far as practicable. Beiug raised within the lines of the enemy and without the scope of the conscription, these companies may receive into their ranks volunteers of any age. Though raised aiid intended immediately for the defense of their own section of country, yet they are not to be mustered for local service, but will be subject to the orders of the general commanding the military department in which they are included, and to him reports must be made when practicable. When communication is impossible you must act on your own respon- sibility, being the senior captain. All other officers, except the cap- tain in the said company or companies, must be elected. Respectfully, GEO. W. RANDOLPH, Secretary of War. [Inclosure No. 2.] SALUDA, MIDDLESEX COUNTY, VA., January 8, 1863. Ilomiorable SECRETARY OF WAR: SIR: We solicit of you the privilege of running the blockade aud bringing such goods from the enemys lines as the Government may minced. We are citizens of this State and have proved our loyalty to the Government by taking an active part in sustainino Very respectfully, her rights. JOSIAH D. AILSWORTiL. PEYTON G. DUDLEY. CONFEDERATE STATES OF AMERICA, QUARTERMASTER-GENERALS DEPARTMENT, lion. JAMES A. SEDDON - Richmond, January 8, 1863. Secretary of War: SIR: On the 9th ultimo I had the honor to submit to you certain considerations relative to General Orders, No. 98, which assign Col. W. M. Wadley, assistant adjutant-general, to the supervision and control of railroad transportation. My aini was to exhibit the pro- priety if not the absolute necessity of requiring Colonel Wadley to report regularly to this office, aiid I presented views amid facts tend imig to show that unless such a relation shall be established between that officer and this department mnuch inconvenience and confusion will result. I beg leave to renew my suggestions and to present some views not included in my former letter. The second paragraph of General Orders, No. 98, prescribing the duties of Colonel Wadley, secms to be in conflict with paragraph II of General Orders, No. 112. By the former the direction of all Govermi- mnent agents or employ6s engaged in railroad transportation, the con- trol of all machinery and rolling-stock belonging to the Governmeiit, the power to dispose of the same, the authority to appoint and dis- miss agents heretofore employed by the Quartermasters I)epartment, and the sole supervision and management of railroad transportation are conferred upon Colon~l Wadley. By the latter order the trans- portation of all ordnance, ordnance stores, and supplies is transferre Page 305 CONFEDERATE AUTHORITIES. 305 to the Quartermasters Department, to which it 1)roperly belonged, because it is a duty especially devolved upon it l)y the Regulations, as will be perceived by a reference, under the head ,of Army Transportation, to paragraphs 985 to 99~3, inclusive. This order further charges the Quartermasters D epartinent with the safe and speedy delivery of these stores, and makes it re5ponsi- ble for the same, although l)y the terms of the previous order (No. 98) the control of all railroad transportation and the agents and employ& connected with it had been transferred to an otheer itneon- nected with this department and in no sense responsible to it. As stated in my former letter, all payments for railroad transporta- tion are providled for in the estimates of the Quartermasters l)epart- ment, and all accounts therefor are audited and paid by it, while the power of contracting with the railroad companies an(l fixing the sche(l- ules of their compensation belongs to an officer who is not required even to inform the dlepartment of the terums of the contracts lie may make. It seems evidlent that with this divided control over the same subject unity is scarcely attainable. I beg leave to observe further that by the Regulations all officers charged with the disbursement of money or the custodly of public proI)erty in connection with military traims- I)ortation are held responsible for the same, aIl(1 require(l to give ~oodl and sufficient bonds fully to account therefor. To clian~e the system of official responsibility and accountability presem ii )e(l by time Regulations involves a policy as to the propriety of which grave doubts may well be entertained. I am, sir, very respectfully, your Ol)edietlt servant, A. C. MYERS, Q uarteiuwsfer GdhdI(fl. CIRCULAR. j ADJUTANT AND IN5PECTd)R GENERALS OFFICE, Rwlunond, JuluwlY (S, .1Sb~. SIR: Your attention is calledl to time great miecessity which now exists for strennoims exertions in securimmg men to fill up the comumamids of the Army within a reasonable time. You are therefore (lesire(l to detail fromu your comumand such suitable officers amid mmmeu as can be spared to proceed at once to those sectiomis of time country in which their regiments were raised, for the purpose of gatherimmg commscripts and conducting timeni to their comum ands, wit I ld)iit passimig them through camps of instruction in the ordinary muammner. Every encouragement will be offered by the officer tiums detailed consistent with the law and time regulations of time service, amid by kind treatmuent an(l argumnemits addressed to time patriot isimi and sense of duty of citizens to induce themu to enter the service of their comum- try. Such persons as are liable to comiscription will l)e allowed to join any particular comupany and regimuent requiring recruits in time com- mmnimmd in which the officer may be servimig. In like immammuer such persons as are within the conscitipt age and mnay come forward amid offer themselves for service will be allowedl to volumiteer, amid will receive all the benefits which are secured by law to volunteers. Recruits thus obtained, however, must iii all cases enter comupanies already in service, and cannot be organized into new companies and regimemmts. The officers and men detailed by this authority will be governed, generally, by the acts of conscription amid exemption and the reguha- tions in commuectiomi therewith, publishedl in General Ordlers, No. 52, of 20 R R5ERJE5 Iv, VOL I Page 306 306 CORRESPONDENCE, ETC. 186~, from tliis office. Copies of this order will be furnished to par- ties intrusted in this circular on application to this office. By orderof the Secretary of War. Very respectfully, your obedient servant, S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, R ichm o n~(l, January 8, 18(53. His Excellency T. 0. MOORE, Governor of Louisiana: SIR: I have the honor to acknowledge your letter of the 24th nltimo, objecting positively to the export of cotton in Louisiana for the pur- pose of introducing salt into your State. I think you have misap- prehended both the extent and purpose of the dealing proposed to be allowed. The President had authorized Governor Pettus, of Missis- sippi, to procure as far as necessary salt in exchange for cotton, and supposing that the district in Louisiana tlirou~h which such salt was to be transmitted would feel as a great injustice that they should be denied a privilege which they saw enjoyed by a people just beyond their limits in Mississippi, I authorized a supply to be obtained for them, but only to the extent of their pressing needs. I am pleased to hear that no necessity exists for such supply to them, and shall have no objection to the restriction of the privilege. The policy of trading in cotton with New Orleans is strongly disapproved by the Department. In some few instances for articles of prime necessity to our armies contracts have been made with parties living in Orleans to pay in cotton, but the cotton is not to be delivered till the articles are first received, and, in addition, there is the positive rela- tion that the cotton shall be shipped, not from New Orleans, where it is not to go, but from a lake port, nuder the certificate of a foreign consul, direct to Europe. Evemi these contracts have beemi reluc- tant~ i~iade and only to assure the indispensable end of maintaining our armies in comfort and efficiency. With high consideration and estee in, in ( )st respectfully, yours, JAMES A. SEI)i)ON, Secretary of IVar. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Ricltinond, January 8, 18(53. his Excellency M. L. I3ONHAM, Governor of South Carolina, Columbia, S. C.: SIR: I have the honor to acknowledge The receipt of your letter inclosing a copy of an act ~f the Legislature of South Carolimma in reference to the organization of Ilegro labor for coast defense. * rrlle Department considers the proposed system for the eniploymmient of slaves well arranged and judicious, and approves highly of the action of the Legislature; but there is one provision of the law, viz, that which requires payment for slaves who escape to or are captured by the emielny, with regard to which the Department (loes not feel author *See p. 267 Page 307 CONFEDERATE AUTHORITIES. 307 ized to take any action, as Congress alone caii provide for such payment. With high consideration and regard, yonr obedient servant, JAMES A. SEDDON, Secretary of War. COLUMBIA, January 8, 1863. lion. WILLIAM PoRCHER MILES, ]Ifernbei of Congress, Richmond: MY DEAR SIR: Since I sent you a copy of a paper about the con- scription laws I find the proceedings of the War Department have virtually snspended their operation throngh camps of instruction and substituted a system of recruiting and volunteering. A circular order (8th January, 1863) does away entirely with the necessity of the vast and expensive machinery set in motion under the law. It ms very far from being an improvement on the law, for it is nothing more or less than a systeni of impressment, and wilt produce infinite discontent and bring but few men from this State. It is a mistake. Already under it the conntry is flooded with ignorant subaltern officers, selected and sent out because they are useless in time field, to enlist or gather up men nuder the regulations of Gemieral Orders, No. 82; that is, they are appointed enrolling officers to administer the grave and delicate functions of tIme conscript laws. It breaks up the enrolling system established by law and puts the matter vir- tually in the hands of men selected as recruiting sergeants. The order is muade on the plea of getting the men more rapidly in the field. It will utterly fail in that purpose. Had the Department acte(l pre- cisely under the law and Orders No. 82, and sent the officers provided for to inc on the 1st day of I)ecemuber, I would by the 1st of March have had every muami liable in South Carolina in the field. Up to this day they have sent inc but three officers. It is true, about a week since there was forwarded a list of about sixty to choose from. Major Melton and mnyself Imave sought every inforumatiomi concerning themfronm members of time Legislature, and as yet we Imave mmot been able to select but two as at all fitted for time service. Many of them can scarcely write thmeim~ imanmes. My opinion is timat under thie errors of the Departument and time entire want of comprelmemision by it of time scope amid purport of time law, together with this circular order, you had better repeal the whole system and begin anew. As it imow is so confused, so utterly fruitless, beconming so odious, it is muncim worse thami mmothming. Properly administered I regard it as an eminently wise system, amid wimile General Orders, No. 82, is seriously defective, the defects mniglmt have been remedied in the muode of executing it. The modifications have increased the defects and neutralized all time good. I think you have been driven from a most admirable policy and sys- tem by the incompetency of those to whom their admuimmistration was immtrusted. Had the Presidemit and Secretary held thme matter in their own hands, and admnimmistered it as a vast civil machine, as well as time nursery of the military~ force of time country, it would imave been effectual ammd permanent. But whemi you were mayor of Charleston you had as well have put your policemen to administer your finance and sanitary ordinances as for the people who have been to be put at this conscription law. Either leave the whole matter to the States, or make it a civil as well as umilitary process. Very truly and respectfully, yours, JNO. S. PRESTON Page 308 308 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Jaunary 8, 1863. Prof. S. MAUPIN, Chairman of the Faculty, University of Virginia: SIR: I have received your letter asking that the students of the University of Virginia be exempted from conscription or furloughed until the end of the present session. In reply I have the honor to say that as Congress, after a careful consideration of the whole subject, declined to exempt the students of colleges, the I)epartnient does not feel authorized to grant exemption in this case. The students must be enrolled, if of conscript age, but may then l)e furloughed or (letailed until the 4th of July, omi condition that they then report themselves at once to the camp of instruction. Your obedient servant, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 3. Richmond, January 9, 1868. I. The attention of officers is called to the thirty-fourth article of Army Regulations, and especially to those paragraphs of the article Which relate to the channel of military correspondence. It is no exa9- geration to state that nearly one-third of the correspondence received at the War Department and at this office from officers of time Army and others in the military service comes directly from time writers with- out passing through the prescribed channel. rrherefore all indirect communnication with the Departmnent is prohibited, anti wimere it is attempted, either in person or by letter, the applicatiomi will be referred to the proper military commuander before action is taken on it, and instructions will at the samne time be given to brimmg the offender to trial for violation of the regulatiomis amid orders respecting muilitary correspondemice. These regulations were mnade after long experience. They,have been found indispensable and must be observed. II. Not only are all papers and applications to be forwarded through time regular channels of comnmummication, but time officers through whomn they comne, and who are generally supposed to be informed on the merits of the case presented, are required to express their opinions timereon, either in approval or disapproval. These opinions are fre- quently important to the Department, and the rule which prescribes them must not be overlooked. By order: S. COOPER, Adjutant afl(t Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, January 9, 1863. His Excellency Z. B. VANCE, Governor of North Carolina: SIR: Your letter of the 6th instant has been received. By an act of the late session of Congress (No. 51) the President was authorized and empowered to receive into the service companies or regiment Page 309 CONFEDERATE AUTHORITIES. 309 that might be formed in such places as to which the conscription acts had been suspended or cannot be enforced by reason of the occupa- tion of the enemy, under and according to the first and second sec- tions of the act of the 8th of May, 1861, providing for the raising of a(lditional forces to serve during the war. The Department will, tinder the terms of that act, accept companies or other organizations that niay be formed under it by the direction of Your Excellency. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. EXECUTIVE DEPARTMENT, I?ichmond, Va., January 9, 1863. GENTLEMEN OF THE HOUSE OF DELEGATES: In response to your resolution adopted on the 8th instant I state: First. That from the information I have received the force under General Floyd amounts to about 3,600 men. This information was received from Colonel Clarkson on a recent visit to this city. Second. When the State Line was organized the conscript law, as it then stood, embraced persons liable to militia duty between the ages of eighteen and thirty-five years. In the loyal portion of the State, where the conscript law could be executed, General Floyd, so far as I am informed and believe, received only such persons as were tinder eighteen and over thirty-five years of age. Any conscripts I hat may be found in the ~tate Line have come from the disloyal (ounties of Virginia and from the States of Tennessee and Kentucky; and these were received in pursuance of an understanding and agree- ment between the then Secretary of War and General Floyd. Some of the officers under General Floyd are within the conscript age; but all such were appointed with the knowledge and concurrence of the War Department. General Floyd has acted in perfect good faith in his efforts to raise the State Line, and has studiously endeavored to avoid,conflicts with the Confederate authorities. Third. Reference to the eighth page of my message, sent in the first day of the session, will furnish the answer to the last inquiry. It will be found under the hQad of Expenses of the war. The report of Colonel Smoot, therein referred to, gives details showing the amounts expended and the objects for which the expenditures were incurred. This report has been in the hands of the Public I~rinter for several days, and will be delivered, I suppose. in a short time. Respectfully, JOHN LETCHER. CONFEDERATE STATES OF AMERICA, TREASURY DEPT., Richmond, January 10, 1863. Hon. T. S. BococK, Speaker House of Rejresentatires, Gonfederate Slates of America: SIR: I have the honor to submit the following report of the condi- tion of this Department. The statements for the last year were made lip to the 18th of February, 1862, the termination of the Provisional Government. From the commnencemnent of the permanent Govern Page 310 310 CORRESPONDENCE, ETC. ment to the 31st of December, 1862, the receipts and expenditures were as follows: RECEIPTS. Patent fund~.. $18,920 Customs 668,566 Miscellaneous 2,291,812 Repayment of disbursing officers 3,839,268 Interest on loans 26,583 Call-loan certificates. 59,742,796 One hundred millionloan ___ 41 398,286 Treasury notes 215,554,885 Interest-beariugnotes 113,740,000 Wartax - 16,664,513 Loan, 28th February, 186L. - 1,375,276 Coin received from Bank of Louisiana 2,539, 799 Total 457,855,704 EXPENDITURES. War Department 341,011,754 Navy Department 20,559,283 Civil, miscellaneous, foreign intercourse, and customs 13, 673, 376 PUBLIC DEBT. Interest on public debt (loans) Payment of Treasury notes, act of March $5, 892,989 Principal $545,900 Interest 20, 860 566 761 Redemption of 6 per cent. certificates 11,516,400 Redemption of Treasury notes called in for cancellation and reimbursement of principal, under act of May 16, 18~A 23,751,172 41,727,322 416,971,735 Add balance against tbe Treasury on February 18, 1862 26,439,572 443,411,307 Amountof receipts 457,855,704 Deduct amount of expenditures ___ 443 411 307 Balance - ___ 14 444 397 This balance consists in part of ihe coin on hand received from the Bank of Louisiana and the remainder in interest-bearing Treasury notes. The appropriations made by Congress and not yet drawn from the Treasury are as follows: Civil audmiscellaneous $10,925,049 War Department __ 57 865 879 Customs 396,612 Navy Department 12, 692, 373 Total 81,879,913 The estimates for time support of the Government to time 1st of July, the end of the fiscal year, are~as follows: Legislative $231,600 Executive (salary of President, & c.) __ 13 471 Treasury Department 29,929,697 War Department 242,977,067 Navy Department __ 16 948 870 State Department - 150,253 Department of Justice 172,632 Post-Office Department -- 60,123 Miscellaneous 10,000 Total -- __ 290 493 71 Page 311 CONFEDERATE AUTHORITIES. 311 In order to ascertain the amount to be raised by Congress we must add 1. The estimates $290,493,713 2. Undrawn appropriations - 81,879,913 $372,373, 626 And deduct the balance in the Treasury 14,444,397 Leaving amount tobe raised ... 357,929,229 The debt of the Government at the same date was as followS: BONDS AND STOCK. Under act of February 28, 1861 $14,987,000 Under act of May 16, 1861 6,414,300 UnderactofAugust19,1861~. 67,585,100 Deposit certificates under act December 24, 1861: Issued . $69,005,370 Redeemed 12,516,400 56,488,970 145,475,370 TREASURY NOTES. 3.65 notes .. . 992,000 Two-years notes __ 10 919 025 English currency 272,022,467 7.30 notes 120,480,000 $1 and $2notes ~ 6,216,200 410,629,692 Total.. -- ~ __ 556 105 062 In the above statement is cOntaine(l a large amount of bonds and interest-bearing notes, which are Oil hamid in the Various depositories not yet issued. It is important to bea.r this in mind in estimating the effect of the act of the last session upon funding Treasury notes. The loans in which such notes are funded are those mentioned in the schedule as loans of May 16 and August 19. The amount of those loans, as reported at the last meeting of Congress, was on the 1st of Augi~t $41,577,250. By the statement now reported the total amount of these bonds is - - $73, 999,400 From which should be deducted amount on hand not yet disposed of,say 8,000,000 65,999,400 And in order to ascertain the amount of Treasury notes funded there must be deducted for the bonds issued for produce, say 7,000, 000 58,999,400 Deduct amount reported August 1 41,577,250 Balance 17 422 150 This balance shows the amount of rrreasll1~y notes funded in five months, the average being alwmt three and a half millions per month. During the same period the interest-bearing Treasury notes have increased from $22,799,900 to $120,480,000; increase, $97,680,100; from which deduct notes on hand, $11,004,600; real increase, $85,775,500. This large increase of interest-bearing notes affords satisfactory evi- dence that the issue of them was a judicious measure, and for any ordinary war the bonds and interest notes, amounting together to a monthly sale of $20,500,000, would have sustained the Government without any resort to paper currency. But the estimates call fo Page 312 312 CORRESP0NI)ENCE, ETC. more than twice the amounts furnished by these resources, and we are compelle(l to resort to the Treasury notes to supply the deficiency. It becomes, then, a most important inquirY whether the issue of such notes can be continued, and if it can, then to what extent? In a former report it was shown that the circulation of the Confederate States before the war might be estimated at 100,000,000. In the ex- isting state of things it is probable that a larger amount of currency is required. In time of peace money passes rapidly from hand to hand, and the same money in a single (lay will discharge many obli- gations. A large portion, too, of the operations of business are per- formed by bills of exchange and bank checks. In the present stag- nation of comnierce and intercourse larger amounts of ready money are kept on hand by each individual anti the Confederate rIlreas~mry notes and call certificates are used as a substitute for bills and drafts to a considerable extent. If this view be just we may venture to add as much as 50 per cent. to the usual amounts of currency, and this would raise the sum total at which it mioht stand to $130,000,000. The difference between this sum and the actual circulation will show the redundancy. The actual circulation embraces miot only Treasury notes, but bank notes and State emissions of r1~reasu1.y notes. In ordinary times coin would also form a part, but at presemit imot only the coin but a large portion of the bank notes have been withdrawn from circulatiomm. The issue of Treasury notes on the last day of December amounted to $290,149,692, exclusive of interest-bearimig notes. By adding to this sumn a sufficient amount to cover the State treasury notes and the bank notes in circulation we can arrive at the sum total of the currency; $20,000,000 added to the Treasury notes wommld j)robably represent time wimole. It is this aggregate which mnust be kept in view when we deal with the currency as a measure of values. It is time whole mass as it is accepted by the community iii exehamige for its varioums commuodities which by its proportional relation to those commodities determines their 1)rices. By a law as invariable as amiy law of physical nature these i)rices rise or fall with tIme actual volmimne of the whole currency. Neith~er skill nor power can vary tIme result. It is in fact a relation subsistimig between two numbers, the one representing the total values of property an(l time other tIme total circulating muedinmn. rule natmmre of that inediuma cannot change it. It would exist with a currency of gold with as much certainty as with one of paper, if the gold were kept within thie country by restraimmts equal to thiose which retain the paper. Assumiimg, then, thiat entire coimfidence exists in our currency, the mere fact that its actual volume has beemm increased threefold, would lead mis to expect a corresponding inci~ease imm prices. Such immerease, altliou~hm evemmtually certain, does miot usumally appear at time sammie muommiemit with time expansion. Like time mnoomms attraction upon time oceami, time tinme of high water is postponed for a certain period beyond time muomemmt at which time influence has been exerted, ammd time length of the imiterval is affect~d by exceptiommal causes. But although there muay be delay time evemit is certain. Prices will reacim time height adjusted by time scale of issues and they can omily be restored to their usual condition by a returmi to the norimmal stamidard of emirreimey. In other words, time oimly remuedy for an inflated currency is a reduictiomi of time circumlatimig immediumni. Is this reductioim practicable? Before answerimmg this question it is importamit we should be fully assured of time excessive issue of paper curremmey. If the coummtry were open to foreigim intercourse tIme difference in valume between coin aimd paper mommey would at ommee afford a test. But in the present conditioim o Page 313 CONFEDERATE AUTHORITIES. 313 trade coin cannot be imported, and gold and silver have become arti- des of commerce like iron and lead. They cannot, therefore, take their usual place as absolute measures of value. Difficulties some- what of the same kind attend other tests, such as bills of exchange, real estate, or commodities in general use and of which there is no scarcity. Ordinarily the average price of wheat, grain, and other like articles of prime necessity would furnish a guide. But the want of transportation causes a fluctuation of demand and supply from day to day and thus deranges prices. Making all due allowances for fluctuation, we find that the present prices of such articles range as nearly three times the usual peace prices. Notwithstanding the interruption of commerce, we find also that the foreign exchanges and even coin stand at nearly the same rate. Reasons of a different character, but of equal force, apply to real estate and prevent its price from being a proper guide. The general increase, however, in its nominal value confirms the conclusions deduced from the other tests. These facts unite in establishing beyond doubt both the actual redundancy of the currency and its probable rate of excess. The remedy which is required in order to be effective must therefore withdraw two-thirds of the entire volume of the currency. The measures already adopted by Congress were intended to act in this direction. The Treasury notes were all made fundable originally in 8 per cent. securities, and it was supposed that the holders of notes would prefer investing them in bonds rather than hold them when depreciated. To stimulate investments the holders have been notified by the act of last session that after the 22(1 of April they can no longer invest in 8 per cent. securities. These measures, although judicious and well timed, are overpowered by the necessity which compels the Government to increase its issues. Not- withstanding the large and daily investments in bonds, the currency continues rapidly to grow in quantity. This increase causes a daily advance in prices, and the necessities of the Government compel it to purchase at these prices. The payment of enhanced prices again compels a further increase in these issues, and an ascending series of actionaiid reaction is thus established between prices and issues which if not arrested must result in consequences disastrous to the best interests of the country. These effects are hastened by the inju- rious operations of the excess of currency upon the bonds of the Gov- eminent. These bonds are offered as absorbents for the Treasury notes and the high rate of interest which they bear is the inducement to take them. In our present circumstances this interest must be paid in Treasury notes. By depreciating these notes the interest suffers equal depreciation and an 8 per cent. bond becomes in effect a 4 or 3 per cent., according to the scale of issues of Treasury notes. The inducement to take the bonds is thus destroyed and the bonds themselves cease to afford relief to the currency. They offer still less inducement to any foreign purchaser, because he is informed by the rate of exchange that his intest will be paid in a currency which must be exchanged for his own at the rate of $3 for $1. It is plain, therefore, that the change required is a prompt reduction of the cur- rency to its normal condition. The question recurs, is this practicable? At the last session of Congress an effort was made to obtain this result by the proposal for a loan of one-fifth of all gross income to be paid in Treasury notes in exchange for bonds. The adoption of this measure would have retired a large amount of Treasury notes at an early period, and would thus have checked the advance of prices. It is the misfortune of ever Page 314 314 CORRESPONDENCE, ETC. such failure that it leaves the evils increasing at a double rat;io and subsequent remedies must be so much the more stringent. All the causes of excess coutinue in full operation. Prices increase, the Gov- ernment is compelled to purchase, and the purchases must be made by uew issues. Each new operation aggravates the disease, and hesi- tation or delay is ruinous. The conditions, then, which any sufficient remedy must fulfill are, first, prompt and, secondly, effective reduction. To be effective the currency must be reduced at least to $150,000,000, already shown to be its extreme limit, and this reduction must be so prompt as to take effect before prices can undergo further increase. To meet these conditions I would respectfully propose that after the lapse of a reasonable time the issues of rrreasury notes bearing date prior to the 1st of December, 1862, shall cease to be currency. This can be done with the least possible injury by following up the action of Congress at the last session and fixing a period of limitation for fund- ing these notes. As the law now stands these notes are receivable for Government dues and the holder is entitled to fund them in 8 per cent. seenrities until the 22d of April next, after which date he can fund in 7 percents. I propose simply to fix a period of limitation for the exer- cise of this last-mentioned privilege by enacting that after the 1st of July next the privilege of funding these notes shall cease. Six months have already been allowed for investment in 8 per cent. securities according to the contract on the face of the note. rrxvo months more will be allowed for investment in 7 percents, and if after so long a notice the holders do not choose to avail themselves of their privilege the good faith of the Government will stand clear of imputation. But it is essential to good faith that ample means should be provided by the Government to secure and pay the principal and interest of the securities in which the holders are required to invest. This can only be effected by an amuple and permanent tax. Such a tax is the corner stone of the whole fabric. Without it the schemue has no foundation and can secure neither public confidence nor success. The proper extent of this tax will hereafter be considered. It is sufficient for the present to affirm that it must at least pay the interest on the entire public debt. To give completeness to the plan it would seem proper to provide measures for any future redundancy. We are happily relieved fromu this necessity by the patriotic proposal of several of the States to guarantee the whole or a large portion of the war debt of this Government. If all the States can be induced promptly to adopt this measure, mucans will thereby be furnished to absorb any excess of the new issue over the proper amount of currency. The guarantee of the States will enable this Government to reduce the interest of its bonds to 6 per cent., and if the States can be prevailed upon to extend the guarantee so as to cover the whole war debt, or at least $400,000,000 or $500,000,000 thereof, the saving in interest will be so great as to enable the Government in due time to extinguish the whole principal of its debt. Upon a debt of $500,000,000 this saving will be just $10,000,000. The ability to ~tpply this amount to the principal instead of the interest affords such obvious advantages as to in sure the favor- able consideration botl~ of Congress and of the States. An analysis of the scheme proposed will reduce it to three essential features: First. A limitation upon the privilege of fundino tI prior to 1st December. ~ ic notes issued Second. A war tax. Third. A guarantee by the States. I. In considering the first of these features the first inquiry which suggests itself is, what will be the effect of this limitation? Will i Page 315 CONFEDERATE AUTHORITIES. 315 arrest the circulation of the notes and lessen the volume of the cur- rency? Its first effect will certainly be to add another stimulant to investment in bonds. It was unfortunate that the act of the last ses- sion postponed the change of interest for six months. The delay has deprived the remedy of much of its efficacy, and good faith requires I hat at least sixty days should be allowed for its operation. Otherwise would have proposed to limit the funding privilege to the 1st of May vistead of the 1st of July. The effect of the stiiuulant is thus retarded. Still, the fact that there is a period of limitation will induce holders to come in before it expires. rrllose who desire to secure 8 per cent. securities will come in before the 22d of April or hold up until near that day the notes which secure that right, and all who can will come in before the list of July to save the final exclusion. It is probable therefore that throughout the entire period an amount will be with- drawn sufficient to check any rapid advance in the total amount of circulation. But when the final date of limitation approaches the notes will not pass readily from hand to hand, and the result will be that they are thrown out of ordinary circulation and relieve the cur- rency to that extent. The comparatively small aiuount then left in the hands of individuals will cease to have a purchasing power. rrhe~T will pass only by special contract and their chief value will con- sist in their being receivable for Government dues. If at this point the Government will collect a tax sufficient to absorb the whole rem- nant, the relief afforded to the community and the currency will be made complete. 1-litherto the policy of the Government has sought to absorb the circulation by inducements alone. Bonds at a high rate of interest have been offered, but the inducement has been abated by the (lepreciation of the currency in which the interest is paid. It is proposed now to supply the deficiency by a small portion of constraint. We see on every side of us indications of the abun- dance of money. Large sums are everywhere held on deposit, but the holders propose for themselves muore profitable investmuents than pub- lic securities. The ability to keep unemployed these sums, and to hold themn for an indefinite time proves that no serious damage will l)e suffered by requiring their conversiomi into bonds. rphe large amnount of muoncy which is shown by the war-tax returns to be muvested at interest in private hands confirms the belief that there is no want of capital amnong our people. It does not seem to be a rash conclusion, therefore, that at least three-fourths of the currency out- stan(ling on the 1st of December may be funded without siil)stantial damnage to private interests. If the remaining fourth could be absorbed by a tax the solution of the problemn would then be coin- plete. The people are fully prepared for the payment of a high tax. It may not be practicable to place it at so high a rate as to absorb one-fourth of the entire currency to be called in, but it may approach so nearly as to leave unabsorbed only that portion which will remain outstanding in spite of all efforts to call it in. I will not venture to assert that grave objections n~ay not be muade to this schemne. Such ol)jections will be found in the way of every plan. rrhiey arc neces- sary results of the proportions of the war which is waged against us and of the enormous sums of money required to carry it on. But it appears to mue that upon due examuination these objectiol7ls, if not entirely obviated, will be found to be counterbalanced by equivalent advantages. 1. The first and mnost obviomis objection to the scheme is that it is an infringement of the contract. The notes have been accepte Page 316 316 CORRESPONDENCE, ETC. upon the promise of the Government that they may be invested in interest-bearing pul)lic securities, and that proluise is not fulfilled after the 1st of July next. It might be answered that Congress has already settled this principle by the act of last session which reduced the interest from 8 to 7 per cent. A still better ansxver will be found in the reasons which led to that act an(l which make neces- sary the one now proposed. A limitation of time for the performance of contracts has never been considered an infringement where suffi- cient opportunity is given to claim performance. Justice is satisfied by giving to the party full opportunity to receive the benefit of his contract. Upon this principle rests every change in statutes of limi- tation. Examples of the same principle are afforded in private matters by the laws of partnership and for the administration of assets. In public matters the history of every nation affords like precedents, which will probably find support in the laws of every State in our Confed- eracy. The modification of the contract is substantially for the benefit of both parties. The object in view is to increase the value of the whole remaining currency. rrhis object it effects by increasing the purchasing power of each note in proportion to the reduction of the whole. Assuming this reduction to be two-thirds, it follows that every holder of only one-third in proportion of time new issues will have the samne value in muoney left after he shall have invested the other two- thirds in bonds. In other words, he will make a clear gain of those two-thirds. If he shall have in his possession none of the new issues, he will nevertheless gain in the reduced price of every article of consumptmon. 2. Next it will be objected that after the lapse of the period of limita- tion the value of the note as money is taken away. lt is true timat the note will lose its function as money, but its intrinsic valmie is unim- paired. It is still receivable for public dues, and it still has the faith ammd property of the Confederate States pledged for its payment. It will even have a modified circulation. A great public exigemicy has arisen which compels a change, and all that the Govermiment can do is to niake the change with as little injury to private rights as pos- sib~. This it endeavors to (10 by avoiding any direct imiterference with the contract and by giving to the holder ample opportunity to reap all its advantages. The timne for the enjoyment of these advan- tages was no part of the comitract, and every holder was l)oumid to kmiow that such an incident has always been considered within the control of the law-making power. 8. It will be urged that the calling in the circulation, as proposed, will cause too large and sudden a contraction. An examination of the probable state of the currency at the date of limitation will show this objection to be unsound. The new circulation to be issued after the 1st of Decemuber will, on the 1st of July, probably be upward of $200,UOO,OOO. It will be issued gradually, and will fill up the chan- nels left by the funding of the old issues, and so far from producing contraction, the new issues VIII probably be in excess at too early a date. The danger at all times to this kind of currency is in that directiomi. 4. A fourth objection will be found in the prol)able effect on the price of bonds. The large amount of currency turned into bonds will cause the supply to outrun the demand, and the usual consequences of such a condition of the market will follow. It cannot be demiied that the price of bonds will probably fall, but this fall will in truth be muerely nominal and will find a full comnpensation in the increase Page 317 CONFEDERATE AUTHORITIES. 317 value of the currency for which they are sold and in which the inter- est will be paid. Those classes of the community which sell bonds from necessity or for the means of living will probably gain more in the reduced market prices of the articles which they purchase than they will lose in the reduced market value of the bonds which they sell. Those who hold the bonds on speculation would gain or lose accord- nw to their ability to hold them, while all those who have taken them as investment will escape injury by simply holding them according to their original purpose. The contraction of the currency will increase the value of the interest paid them during the war; and at the end of it they will have a security which will command a price which will amply repay their confidence. The most conclusive answer, however, to this objection is to be found in the fact that whatever may be the amount of depreciation on the bonds, it cannot exceed the deprecia- tion in the value of the currency. If the Government must issue an ol)li~ation in the shape of currency to pay $21 for a barrel of flour, which in a normal condition of the currency could be purchased with $7, it is actually selling its paper at one-third of its face. At the same time by excessive issues it is disturbing all other values and all the commerchil relations of society. The depreciation in the bonds could never reach this high rate, neither would it affect the prices of commodities or commercial relations. If, then, we are reduced to a choice between evils, the reduced value in the bonds is manifestly the less. II. We now come to the consideration of the next great feature in the scheme, namely, the war tax. What shall be the subjects of that tax and what amount should it raise? The subjects upon which a tax may be levie