TITLE: The war of the rebellion: a compilation of the official records of the Union and Confederate armies. / Series 4 - Volume 3 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 ~W7~Airv - - - UL THE GIFT OF J~. LY~ A7i~& o ~AG1LE DO~.S t~O Title Page Page R001 THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL RECOIIRDS OF TIlE UNION AND CONFEDERATE ARMIES. PUBLISHED UNDER THE DIRECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AJNSWORTH, CHIEF OF THE RI~COI~D AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KJRKLEY. SERIES IVVOLUME III. XV AS LI I N G T C) N: GOVERNMENT PRINTING OFFICE. 1900. Page R002 A~ \~9~%L 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 records 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 This resolution having also repealed the former one, the project was suspended for the time being.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 hi mto 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. Subsequently, 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 series 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 accomnpanied 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 or political 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 printing and bind- ing, under direction of the Secretary of War, of 10,000 copies of a coin- pilation of the Official Records (Union and Confederate) of the War of the Rebellion, so far as the same may be ready for publication, 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 volumes 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~esignate 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 published, and all sets that may not be ordered to be distributed as provided herein, shall be sold by the Secretary of War for cost of publication with ten per cent. added thereto, and the proceeds of such sale shall be covered into the Treasury. If two or more. sets of said volumes are ordered to the same address, the Secretary of War shall inform the Senators, Representatives, or Delegates who have designated the same, who thereupon may designate other libraries, organizations, or individuals. The Secretary of War shall report to the first session of the Forty-eighth Congress what volumes of the series heretofore published have not been 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 oniy 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 np to and inclnding Vol. XXXVI, although his snccessors had added largely to his compilations from new material fonnd after his demise. The Secretary of War, May 7, 1887, assigned Lient. Col. H. M. Lazelle, Twenty-third U. S. Infantry, to dnty as the snccessor of Colonel Scott. He had continned 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, approve~ 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 there will be, in addition, a separate general index to the entire set. Nothing is printed in these volumes except duly authenticated con- temporaneous records of the ~var. 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 January 1, 1864, to the end - 1-1194 VI Page R008 ~. z 0 C C C ~-- ~ . ~-~ ~ , ~ ~~ . . , ~~i~--~ Sunday. Q~~~ oO~a~ ~C~a~atZ~ ~ ci~si 5---1O~. ~c4QQ ~t~Q~-1O~ innn c~~s-~. .inn u~-~ ~ c~e.-- n~ ~ . . ~~ Monday. n~1~Q C~~--i ~ ~ ~ ~ -f~ ~ ~ ~ a~. ~ . nt~ t~~ t~t~~ ~ ~ Friday. ~ ~~4~1 ~ nntQn ~ ~jnn. ..~ncannt~Q~~. ~ Tuesday. t~IQ~-~ ~ [~-~ ~ C~t~-~ ~ i~nn nt~Q~ Qca~~4~ -4~Can nnc-~ntQ. nn~~n. ~ ~.ionn~aa~Q~ nt~o~~ nnnt~~. ~ ~T. ~ ~ ~ ~ nt~~-~ Wednesday. nnnn~ ~inn sonn ~ ~ ~ ~. ~ ~ ~ ~ ~ Thursday. n-~ ~J~ ~ ~ ~ ~ ~ ~ 1. ~~ioca nn~ . nt~-~ na~-~ ~ ~ n~ 4~-1nC3 nnI~QQ neQca~~ inc.~ incan nc~n~ai~ n~cais c& ~.Jna~n~t~ ~nt~v .inc~o~ na~n~ C C C ~ 0 7~ C C C C C Sunday. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Monday. , . 1: ~ ~incan nnnnt~: ~ ~ n~~~: ~ Tuesday. ~ Wednesday. ~snnn. ~ Qa~~c~n. nnnnt~ nnt~Q ~ ~ ~ ~ ~ ~ ~ Thursday. c~s.~i. nc~nni~~. nn~~ca~s-1 ~~-~inca. snc~o. ~ n~s. snc~n nn~ni.. nnn~~. n~t.~n ~ Friday. n~n~ ~~inn. ~ Q~n~A. ~ na~nnt~. nnt~n. ~ n ~ioca. 4ncan Saturday. Saturday Additions and Corrections Page A001 THE WAR OF THE REBELLION: A COMPILATION OF THE OFFICIAL HECOIIRDS OF THE UNION AND CONFEDERATE AR~JJES. ADDITIONS AND CORRECTIONS TO SERIES IVVOLUME III. (To be inserted in the volume. For explanation see Genera] Index volume, Serial No. 13Q, page XXVHL) PUBLISHED UNDER THE DIRECTION OF The Hon. ELIHU ROOT, Secretary of War, BY BRIG. GEN. FRED C. AH~SWORTH, CHIEF OF THE RECORD AND PENSION OFFICE, WAR DEPARTMENT, AND MR. JOSEPH W. KJRKLEY. Mr. JOHN S. MOODEY, Jndexer. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1902 Page A002 ADDITLONfS AND CORRECTiONS. TEXT. Page 37. Seddon to MeCulloli, date, for s86~ read 1865. Page 883. In t foot-note strike ont Papers referred to no/found as inclosures and not otherwise identified. But see, and insert after t See. Page 931. Add to foot-note Probably Northrop to Moses, p. 828. Page 1124. Message of Davis, date, for March 6 read March ~. Page 1177. Paragraph II, General Orders, No. i8, for Paragraph IX read Para- graph XL INDEX. Insert all words and figures in italics and strike out all in [brackets]. Bragg, Braxton. Correspondence: (ampbell [Cambell], P. campbell [Cambell], Parker. L7iambliss,Jol~n R., 137, 1189. Chambliss, John R., it.. [37, 1189]. 1)avis. Jefferson. Corresnondence: Hudson, 1. J. Ferguson, William G., 726 [720]. Ford, S. [L.] H. French, 5. Bassett. Correspondence: [Allen, A. M., 90.] [Cummings, J. F., 117.] [subsistence Department, 535. 65g. 1136.] Mentioned, [21,91. 1i5. 291, 73S, 7S1, 762, 699901]. French, Se/li B. Correspondence: Allen. A. M.. 90. Com;nings.J. F, 117. Subsistenci Department. C. S. A.. 89, 533,595, 6~g, 1196. Mentioned, 21, 91, 115, 291, 738, ~8z, 782, 39990!. C. 5. A., 89. 533. Higgason, Reuben [J.] A. Hudson, Thomas j Iverson, Alfred (Hon.). Mentioned, [310]. Iverson, Alfred (Brip. Gen.), 910. Johnson [Johnston], Janles. McKay. James, jr. (Asst. Q. M.). Mobile A doertiser and Regdter. uio [Register and Advertiser, iiio]. Ravesies, Paul [F.]. [Southwestern Kentucky, Department of. Enforcelnent of conscriptioll acts, 749.] Virginia Troops (C.). CavalryBattalions: [i3th Reserves, 1182.] Infantry Battalions: 19111 Reserves, iz8s. Western Kentucky, Department of Enforcement of conscription acts, 749. Page 1 SEIIRIES lWVOL. III. CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS OF THE CONFEDERATE AUTHORITIES FROM JANUARY 1, 1864, TO THE END. [JANUARY 2, 1864.For Forrest to Cooper, in relation to raising troops in West Tennessee, see Series I, Vol. XXXII, Part II, p. 512.] [JANUARY 2, 1864.For memorial signed by General CLebnrne and others, in relation to freeing the slaves and enlisting them as soldiers, with resulting correspondence, see Series I, Vol. LII, Part II, pp. 586, 593, 594, 596, 598, 606, 608.] GENERAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 1. Richmond, January 4, 1864. I. If immediately after the death of an officer there be no family connection or legal representative present to whom the officer charged by the Ninety-fourth Article of War with securing his effects may deliver them, he will turn them over, under the provisions of para- graph III, General Orders, No. 67, 1863, to the quartermaster of the regiment or post, as the circumstances may indicate to be proper. II. Surgeons or assistant surgeons in charge of hospitals will, upon the death of a soldier in hospital, furnish the Second Auditor of the Treasury a statement from their rolls showing the last payment pre- ceding his death made to such soldier. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 4, 1864. The PRESIDENT OF THE CONFEDERATE STATES: SIR: The letter of His Excellency Governor Brown, * transmitting to you the resolutions of the General Assembly of the State of Georgia, declaring That believing it to be the constitutional right of all soldiers who went from Georgia through the agency of the State to elect their regimental, battalion, and * See Vol. II, this series, p. 1062. ~1) 1 R RSERIES Iv, vOL II Page 2 2 CORRESPONDENCE, ETC. company officers, we request our Representatives in Congress, as a proper appre- ciation of the patriotic devotion, patience, and toil of our gallant soldiers in this sanguinary struggle for independence, to use their zealous efforts to procure, at the earliest practicable day, such a change in existing Confederate laws as shall secure the right of all regiments, battalions, and companies in the Confederate service from this State to elect all their regimental, battalion, and company officers, has been referred by you to this Department, and has been respect- fully considered. This claim was presented by His Excellency to this Department in several communications, which are submitted, together with the response of the Department to the claim as made by him. His Excellency does not deny that the action of this Department has been in accordance with the legislation of Congress, and this Department has not considered it to be its duty to vindicate to him at large that legislation as being in accordance with the Constitution. It is proper, however, for it to say that it did not entertain doubt on the snbject, and had no scruple in conforming its administration to the will of Congress. Very respectfully, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmon1, Va., January 4, 1864. His Excellency Z. B. VANCE, Governor of North Garolina, Raleigh, K U: SIR: Your letter of the 29th ultimo, with the resolutions of the Leg- islature of North Carolina relative to impressments in that State, has been received. * The Department has taken the utmost care, by its general orders and by its instructions in writing and otherwise, to mitigate as far as practicable the evils consequent upon the execution of the law relative to impressment. These orders provide that neces- sary supplies which any person may have for the consumption of himself, his family, employ6s, slaves, or to carry on his ordinary mechanical, manufacturing, or agricultural employments, shall not be impressed, and until further orders, which will not be given unless under imperative exigencies for the supply of the Army, not to impress necessaries of subsistence to man owned by producers in transitu to market, or after arrival at market, unless retained an unreasonable time from sale to consumer. The seventh section of the act of Congress of 26th of March last, which has been published as a part of the instructions, requires that the supplies to be exempt as family supplies shall be ascertained by appraisers, and that the judg- inent of the appraisers is to be conclusive on the impressing officer. Each citizen claiming to hold the property impressed for his family sup- ply is entitled to claim the benefit of an appraisement and to designate one of the appraisers who shall act with an appraiser to be appointed by the impressing officer, and who is entitled to aid in the selection of an umpire in case of their disagreement. The Department has enjoined upon the Commissary Department that the power intrusted to it should be employed with discrimination and care, and that all the directions of the act of Congress and of this Department for the execution of the act should be scrupulously fulfilled. This Depart- ment is constantly employed in correcting irregularities in the execn *See Vol. II, this series, p. 1066 Page 3 CONFEDERATE AUTHORITIES. 3 tion of these regulations, and the eleventh section of the act furnished a remedy to every citizen aggrieved. In the report from this Depart- ment which has been submitted to Congress, a copy of which is sent to Your Excellency with this letter, you will find a statement of the difficulties under which the Government labors in providing for the subsistence of the Army, and how much of the evils complained of is the result of inexorable necessity. * The Department has heretofore, and will in the future exert itself to confine these evils within the exact limits of that necessity. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 2. Richmond, January 5, 1864. For the information of all concerned, and to correct prevalent mis- apprehension, it is announced that there exists no mandatory provis- ion of law securing to enrolled conscripts the right to choose in what company or regiment they will serve. They cannot be assigned to companies from other States, and in general their wishes are to be consulted as to the choice of companies, where no considerations for the good of the service intervene to prevent compliance. Assign- ments once made by commandants of conscripts in good faith, in the exercise of their discretion, will not be considered as fit subjects for complaints. By order: S. COOPER, Adjutant and Inspector General. AN ACT to continue in force an act entitled An act to provide for the compen- sation of certain persons therein named, approved May the first, eighteen hnndred and sixty-three. The Gongress of the Confederate States of America do enact, That the act entitled An act to provide for the compensation of certain persons therein named, approved May the first, eighteen hundred and sixty-three, which, by its own limitation, wouM expire on the first of January, eighteen hundred and sixty-four, be, and the same is hereby, continued in force until the first of January, eighteen hun- dred and sixty-five. Approved January 6, 1864. EXECUTIVE DEPARTMENT OF ALABAMA, Montgomery, January 6, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: Unless the planting interest in the South can be carried on successfully the armies of the Confederacy cannot be supported. Without iron the planting interests cannot be profitably carried on. * See Vol. II, this series, p. 990 Page 4 4 CORRESPONDENCE, ETC. Alabama has an immense quantity of iron ore, and many of her peo- pie are making iron, but all or nearly all have contracts with the Confederate Government to deliver all they make to the Government authorities. The conseqnence is that the planters, evemi in the best iron regions of the State, cannot get enough iron to make and repair their agricultural implements. Now, sir, the object of this communi- cation is to ask that the contractors be authorized to sell to planters some of the iron they make. I have nnmbers of letters showing the necessity for such instructions to your contractors and agents. It is useless to enlarge on a subject which must be fully appreciated at a glance by the Secretary of War. Will you grant this right? I have the honor to be, your obedient servant, T. H. WATTS, Governor of Alabama. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, January 6, 1864. Governor VANCE: I regret to learn that because of an interest of your State in the steamer Don, objection is made to its conforming to the regulation about taking out Government cotton. The necessities of the Govern- ment really require adherence to this regulation, and I earnestly hope that you will not encourage or allow in your name the infringement of it. J. A. SEDDON, Secretary of War. RICHMOND HOUSE, Richmond, January 6, 1864. His Excellency JEFFERSON DAVIS, President Confederate States of America: DEAR SIR: I beg leave to call your attention to a weak point in the enemys lines to which your mind may not have been directed. I allude to the Irish element in the Northern population. A resident of twenty years in Philadelphia, seventeen of which I was a wholesale bookseller, publisher, & c., and having quite a number of that class in my employment in binding, printing-office, and store, coupled with the fact that my parents were natives of Ireland, naturally created in my mind a sympathy for them, more especially as they were, about the time of my going to Philadelphia, objects of bittei~and most intense persecution by an ignorant band of bigots. The interest I felt and manifested for them soon gave me quite an extensive acquaintance among them. I merely mention this fact to show you that my esti- mate of their character and knowledge of their views upon our ques- tion is not based upon superficial information. As soon as civil war seemed inevitable I began the tedious task of selling out and collect- ing, in order that I might hasten to this my native place. The regu- lar routine of business broken up, I had much leisure time, which I used to the best advantage for the furtherance of our cause. Partly from the calls of business, together with a desire to see and converse with the Irish operatives in the coal mines of Pennsylvania, I visited during the summer of 1861 the counties of Lehigh, Carbon, Schuylkill, Berks, & c. I asserted that the native American and Know-Nothing were identical with the Black Republican party. I reminded the Page 5 CONFEDERATE AUTHORITIES. 5 that the former had burned their churches in 1844; the Know-Nothing party had. proscribed every man who had a Mc or an 0 to his name during the winter of 1857 and 1858, driving many thousands of fami- lies into starvation during the continuance of that short but certainly most severe financial storm which raged throughout the North at that period. Failing to accomplish their full purpose at each of these times by reason of the steady opposition of the South, and especially Vir- ginia, where Know-Nothingism met its death, they changed their name and tactics, and by a loud outcry for the negro, for whom they had no real sympathy, but used him as a weapon against both the Irish and the Souththeir chief aim and object being to free the negro as far as they could, bring him North, put him in competition with the white labor, believing that they would work cheaper than the Irish, and, above all, they would not be permitted to vote. The effect of these short conversations, I can assure you, were most happy, and what added point to my argument was that many of these men had been driven from places of public employment during the winter of 1857 and 1858 by the Know-Nothing party, which was then in power in the select and common councils of Philadelphia. After the first battle of Manassas, T. F. Meagher came to Philadelphia to drum up recruits for his Irish Brigade. He made a capital speech; I feared a telling one. I worked night and day to neutralize his speech. His treat- ment of the Irish girl who aided him in making his escape from Aus- tralia, and h~s subsequent marriage with a Yankee girl, was an admi- rable argument against him, which I failed not to use on every occasion. The result was he obtained but few recruits in Philadelphianot more than a corporals guard. I mention these circumstances to show you that the great body of Irish at the North feel a deep interest in our success, more especially in Pennsylvania, where they have been sub- jected to bitter persecution. Although I am an elder in the Presby- terian Church, yet I had conversations with quite a number of Roman Catholic priests at the North, all of whom, with one exception, expressed the utmost confidence and sympathy in our success. Pri- vate letters which I received from James A. McMaster, editor of the Freemans Journal, allude to the efforts which the North were making most cunningly to identify the South with these objectionable par- ties; a fact that I had noticed such artists, with those who had any knowledge of the subject, would awake only a feeling of indignation and contempt; but we know there are many Irish (those but recently arrived) who would believe the statement; and I have no doubt that the burning of the convent at Charlestown, Mass., by a mob has ere this been located at Charleston, S. C. I owe you an apology for thus troubling you with this communica- tion, but I do it from the best motives for our good. The views generally met the cordial approval of Hon. James A. Bayard, of Delaware, and Hon. Charles Brown, of Philadelphia, with the latter of whom I had frequent interviews before I left, March, 1862. In your judgment you may see some plan by which this party might be strengthened and encouraged by some complimentary allusion to the Irish in our Confederacy. Begging pardon for the liberty I take, I remain, dear sir, yours, very respectfully, S. C. HAYES, U. S. Registers Office. After writing the above my attention was attracted by a letter from Mr. Smith OBrien in the Sentinel, which I concluded to read before Page 6 6 COh~RESPONDENCE, ETC. sent this, thinking possibly that the same suggestions I make might meet your eye in a more agreeable form. I see nothing, however, in the letter or the editorial but additional evidence to my mind that we ought now to have the very best writers in the Confederacy engaged either as editors or regular contributors to the press. I have seen the evil effects flowing from the editorial attacks upon Mr. Benjamin in the Richmond papers. Mr. Chase, I have no doubt, had much cause to thank the Richmond editors for applying the name Jew as a term of contemptuous reproach to our Secretary of State, for large subscrip- tion to his 7.30 stock was made immediately by this very class at the North, some of whom remarked to me in the streets of Philadelphia, Puritanism is worse at the South than in New England. Hon. James A. Bayard, of Delaware, in a conversation Ihad with him in Feb- ruary, 1862, remarked that if President Davis could obtain the cordial support of all the papers of the South, which he richly deserved, the war would close in six mouths, but that the silly attacks in the Rich- mond press tended to prolong the struggle, as it gave point to the abolitionists, who claim that there is a large Union element at the South. I feel very great hesitation in sending this to you, but I think it can certainly do no harm, except it be adding additional trouble to you in reading it. Yours, very respectfully, S. C. HAYES, Registers Office, Richmond House. [First indorseinent.] General Bragg for consideration. J. D. [Second indorsement.] HDQRS. ARMIES OF THE CONFEDERATE STATES, August 22, 1864. Respectfully returned to His Excellency the President. This paper contains suggestions which I deem valuable and practi- cable. The employment of some judicious person to operate on this class of people through our own press and that of the North would no doubt be attended with good results. In this connection I suggest the printing in English, German, and French a large number of the recent general orders inviting foreigners in the Federal ranks to come to us and offering them protection. With care many of these papers could be introduced into the enemys lines. J3RAXTON BRAGG. [Third indorsement.] AUGUST 24, 1864. Secretary of War for consideration and conference. J. D. CONFEDERATE STATES OF AME~RICA, WAR DEPARTMENT, Richmond, Va., January 6, 1864. Hon. C. J. MCRAE, Burlington Hotel, London, England: SIR: Hon. J. E. Ward, of Georgia, has submitted to the Department plans suggest,ed by certain capitalists in London, who are large holders of cotton bonds, to which he has sought umy approval. The plan con- templates in substance that the bondholders subscribe 10 per cent. o Page 7 CONFEDERATE AUTHORTTIES~ 7 the amount held by them, to be appropriated to the purchase or con- struction of steamers, which are to be turned over to the Confederate Government on condition that, being sailed at the expense of the Gov- ernment, they shall be employed in transporting cotton to England, which shall there be sold and the proceeds applied, one-fourth to the payment of the cost of the steamers; one-fourth to be applied to keep- ing up the number of steamers, and the residue to the payment of the bonds held by the subscribers to the fund. The Government running the boats is to have the control and use of them for return cargoes. These are the leading features. There are some stipulations of minor character to the approval of Messrs. De Vaux & Co., the parties selected as the consignees of the cotton and the agents of the subscribers, which would require modifi- cation, as the dignity of the Government would require such matters to be left to its own control and good faith. The general scheme, as you will perceive, is addressed rather to the discretion of the Secretary of the Treasury, who must determine the time and mode of discharg- ing the cotton bonds, than to myself, from whom only an expression of opinion has been sought by Mr. Ward. I have no hesitation in saying that such a plan would be beneficial, in my judgment, and I deem it probable you have received, or will receive, from the Secretary of the Treasury some expression of like general approval. It would, of course, be even more acceptable if some portion of the proceeds of the cotton sent out in these vessels could be appropriated to the more immediate and pressing necessities of the Government; but as the vessels would be furnished without expense to us, and an adequate return for the charge of running them would be afforded by the returii cargo, and as, moreover, the whole proceeds of the cotton would in one form or another inure to the benefit of the Government, it does not appear to me that the point could in equity be iwdsted on. You will, of course, endeavor to obtain it if practicable. On another point, however, there should be a clear understanding, and that is, that while the Government will use all reasonable efforts to supply the cotton to these vessels promptly and regularly, if, through deficiency of transportation or otherwise it should be unable to provide at our ports the cotton which it has the means of sending out directly for its immediate necessities, and likewise the cotton required for these steamers, preference will be given to the export of the former. The reasonableness of this, it is expected, will be seen and acquiesced in. These are at best but opinions expressed in a matter not strictly subject to my direction, but only collaterally connected with the busi- ness which has been thrown on this Department. They trill, of course, not be regarded by you as instructions. So far as I am concerned, the matter is cheerfully left to your discretion, acting under the more direct instructions, whatever they may be, which may be given by the Secretary of the Treasury. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. SPECIAL ORDERS, ADJT. AND INS]?. GENERALS OFFICE, No. 5. * January 7, 1864. * * * * * * XV. Paragraph XVIII, Special Orders, No. 298, and paragraph XVIII, Special Orders, No. 300, Adjutant and Inspector General Page 8 8 CORRESPONDENCE, ETC. Office, December 1 [16 and 18], 1863, are amended so as to retain tem- porarily on duty in the conscript service the officers and men hitherto under the orders of Brigadier-General Pillow in the States of Ten- nessee, Alabama, and Mississippi who have not already been relieved. * They will receive orders from Col. John S. Preston, chief of Bureau of Conscription. XVI. Brigadier-General Pillow is allowed such time as may be necessary to adjust the unsettled matters pertaining to his late duties before reporting to the general commanding the Army of Tennessee. * * * * * * * JNO. WITHERS, Assistant Adjutant- General. HEADQUARTERS CHALMERS CAVALRY, Near Gomo, January 7, 1864. Hon. CHARLES CLARK, Governor of Mississippi: DEAR SIR: I hear of several persons here who profess to have authority from you to raise regiments for service of the State of Mis- sissippi, and they claim the right to enlist conscripts in their com- mand. Col. John R. Dickins, Col. William Nesbitt, and Capt. Williamson Hunt are the parties alluded to. I know Colonel Dickius well, and know him to be a good soldier and most excellent officer, and would be most pleased to see him in command of a regiment if he could obtain it legally; but so long as I am in command here, with the law and orders now before me, I cannot permit any more con- scripts to enter the State service; and as I do not wish any misunder- standing or bad feeling to grow up between you and myself, I address you on the subject direct. General Pemberton established a line running through Panola, Oxford, and Fuller, and authorized the enlistment of conscripts into State companies north of that line, to be retained during the term for which the State troops were enlisted, unless sooner called for by Confederate authorities. General Pillow, by order issued September 6, 1863, abolished that line and forbid the enlistment of any more conscripts in any new commands, whether State or Confederate. General Johnston issued an order directing that General Pillows orders should be obeyed in all matters concerning con- scripts; and Major-General Lee issued an order some time about September 16, 1863, directing that no addition should be allowed to the rolls of State troops then in service. You are aware that the conscript law does not permit any such enlistments, and I hope, therefore, you will instruct your officers not to enlist any conscripts in their commands, or attempt to do so. Capt. Williamson Hunt imposed upon Governor Pettus with a muster-roll of a company which he never could assemble in camp, and I refused to recognize the little squad that he had as a company, and some of the men entered the Confederate service. Hunt now claims these men under orders from you. I have not seen his orders, but could not allow any such order to be enforced if he has it with- out instructions from the Secretary of War. There are some othem companies hereCaptain Floyd, Captain Perry, and otherswho claim sometimes to belong to Mississippi State service and some- times to one Colonel Collins, authorized by the Secretary of War to * See Series I, Vol. XXXI, Part III, pp. 836, 844 Page 9 CONFEDERATE AUTHORITIES. 9 raise a regimeiit within the enemys lines. The men and officers all formerly belonged to Colonel Blythes old regiment, the term of service of which, according to the representation of both men and officers, was for twelve months. That term of enlistment has long since expired, and no anthority has ever been granted to them to re-en- list in State service. There are some good men among these com- panies, but the great majority are simply seeking some hiding-place from conscription, and never will do any service as cavalry, or while they remain so close to their liomes, and the best interest of the serv- ice requires that they should be conscripted and put in the infantry. You are an old soldier, and I know appreciate the necessity for disci- pline, and it would require but a few days of personal inspection to satisfy you that these State companies have done more harm than good. I do not include in this remark Colonel MeGuirks regiment that has done good servicebut both lie and his officers have long since been convinced that the regiment would be more effective if it were regularly in Confederate service, where they would be subject to the same courts-martial and the same rules and regulations in all respects as Confederate troops. I am, sir, with sentiments of regard, your obedient servant, JAS. R. CHALMERS, Brigadier-General, Provisional Army, C. S. [Indorsement.] HEADQUARTERS, Jackson, Miss., January 19, 1864. Respectfully forwarded with the remark that I consider it to the interest of our cause that definite instructions be given the State offi- cers relative to conscripts, as there are many men in North Mississippi liable to conscription and claiming exemption as belonging to State organizations. S.D. LEE, Major- Gerteral. SOUTHERN DIvIsION, Missmssi~~m CENTRAL RAILROAD, Ganion, January 7, 1864. Lient. Gen. L. POLK, C. S. Army: DEAR SIR: In addition to what I have written over my private sig- nature, I have to state officially that this road is almost destitute of materials and tools for repairs and for operating the roimd. Nearly all we possessed was destroyed in August last by the Federal troops. We must have steel axes, shovels, files, & c., or soon discontinue our trains. In fact, I may be compelled to stop our trains north of the Yalobusha River within a week for want of axes, or materials to make them of, to cut fuel. We are equally in want of shovels to keep our track in running order. I cannot obtain them, or have not beeii able to do so after many trials, within the Confederacy. I can procure from within the Federal lines if I can obtain means of payment. To procure these means I must send out cotton or purchase Federal cur- rency, giving $10 of our currency for $1 of theirs. By purchasing greenbacks I discredit and depreciate Confederate notes, and still I am compelled to obtain a supply of the articles referred to or discon- tinue the running of our trains very soon. It is for the au1~iorities to determine if our road is useful and necessary to the Government Page 10 10 CORRESPONDENCE, ETC. Our business is almost entirely confined to Government transporta- tion. Will you grant me permission to send out cotton to purchase necessary railroad supplies? Yours, respectfully, W. GOODMAN, President. [First indorsement. I HEADQUARTERS, Meridian, January 21, 186!~. Respectfully forwarded for reference to the Honorable Secretary of War. I can see no sound reason why we should not use our cotton to pur- chase supplies we cannot get otherwise. We have reached a point, in my opinion, at which the hazard of greater evils than any which may follow from selling cotton are threatening us. L. POLK, Lieutenant- General. [Second indorsement.] FEBRUARY 2, 1864. May be considered when law regulating exports is to be adjusted. J. A. S., Secretary. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, N. (J., January 7, 1864. Hon. J. A. SEDDON: DEAR SIR: Your dispatch of the 6th, asking me not to object to making the steamer Don conform to the regulations of the Confeder- ate authorities in regard to transporting Government cotton, requires a more detailed reply than I can transmit by telegraph. I have now at Bermuda and on the way there eight or ten cargoes of supplies of the very first importance to the Army and the people, consisting chiefly of some 40,000 blankets, 40,000 pair of shoes, large quantities of army cloth and leather, 112,000 pair of cotton cards, machinery and findings to refit twenty-six of our principal cotton and woolen factories, dyestuffs, lubricating oils, & c., in addition to which I have made large purchases of bacon. Knowing that one steamer could not bring these cargoes in before spring, at which time I anticipate the closing of the port, if not sooner, and that the risk was increasing daily, I sold one-half of the States~steamer Advance, and purchased of Messrs. Collie & Co. one-fourth interest in four steamersthe Don and the Hansa, amid two others now buildingfor the purpose of hurrying these supplies in. The terms give the State one-fourth the outward cargo and the whole of the inward, nothing being carried for speculation whatever. The Hansa, which recemitly left Wilmington, not having coal enough to take her to Bermuda, where my freight is, was instructed to load at Nassau with Confeder- ate bacon, so determined was I that the whole capacity of these steamers should be employed for the public good. In return for this Messrs. Collie & Co. did expect they would be relieved from the bur- den of giving one-third of their outward capacity to the Confederate Government, and I did also. Should one-third be given to the Con- federacy and one-fourth to the State outward, and to the latter the whole of the return cargo, I submit that it would amount to a proh Page 11 CONFEDERATE AUTHORITIES. 11 bition of the business. Neither would it comport with justice or sound policy. It is a little remarkable to me that the entire importing operations of this State, which have been so sucnessful and so beneficial to the cause, seems to have met with little else than downright opposition rather than encouragement from the Confederate Government. In its very inception Mr. Mason, our commissioiier in England, laid the strong hand on my agents, and positively forbade them putting a bond on the market for five months after they landed in England. Then came vexatious and irritating quarantine delays at Wilmington (enforced by the military, not the civil authorities), though our for- eign depot was, at great cost and inconveiiience, made at Bermuda instead of Nassau to avoid this. Then seizures of my coal at Wil- mington occurred, and the denial of facilities to get it from the mines, & c. It was not until after my decided remonstrance to you in Novem- ber that I met with anything else than an evident hostility in the operations of my steamers. And now, if the regulations in regard to private blockade-runners are enforced, I think it highly probable that this line will be stopped entirely, as the profits will scarcely justify the risks. A great deal of this, I am aware, is attributable to the want of discretion on the part of subordinate officers, as well as the want of foresight displayed in the opposition of every industrial interest of the country by army officers, yet I have had it to contend with. After this statement I leave it with you to say whether the regula- tions referred to shall be enforced. If they are, I shall certainly countermand the sailing of the two other steamers now expected, and would suggest for the benefit of the Department that it would be much better to purchase than to seize an interest in the property of strangers who are engaged in bringing in indispensable supplies through a most vigorous and dangerous blockade. Very respectfully, your obedient servant, ~. B. VANCE. [JANUARY 7, 1864.For Polk to Watts, in relation to the raising of State troops to support the Confederate forces in the defense of Alabama, see Series I, Vol. XXXII, Part II, p. 529.] [JANUARY 8, 1864.For Davis to Vance, in relation tq,peace nego- tiations with the enemy, see Series I, Vol. LI, Part II, p. 8()8.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 3. & Richmond, January 9, 1864. I. The following acts of Congress and regulations are published for the information of all persons concerned therein: ACTS. AN ACT to prevent the enlistment or enrollment of substitutes in the military service of the Confederate States. The Congress of the Gonfederate States of America do enact, That no person liable to military service shall hereafter be permitted or allowed to furnish a sub- stitute for such service~ nor shall any substitute be received, enlisted or enrolled in the military service of the Confederate States. Approved December 28, 1863 Page 12 12 CORRESPONDENCE, ETC. AN ACT to put an end to the exeiuptiou fioiu military service of those who have heretofrire furnished substitutes. Whereas, in the present circumstances of the country, it requires the aid of all who are able to bear arms: [Therefore,] The Congress of the Confederate States of America do enact, That no person shall be exempted from military service by reason of his having furnished a sub- stitute; but this act shall not be so construed as to affect persons who, though not liable to render military service, have, nevertheless, furnished substitutes. Approved January 5, 1864. II. Persons rendered liable to military service by operation of the preceding acts are placed on the same footing with all others hitherto held liable by acts of Congress. III. Persons herein rendered liable to military service are reqnired to report as volunteers or conscripts without delay to the enrolling officers; and all who delay beyond the 1st day of February, 1864, will be considered as having renounced the privilege of volnnteering, and held for assignment according to law. IV. Enrolling officers will proceed as rapidly as practicable in the enrollment of persons herein made liable to military service. Previous to enrollment as conscripts all such persons will be allowed to volun- teer in companies in service on the 16th of April, 1862; provided the company chosen does not at the time of volunteering reach the max- imum number allowed; and upon such company being selected the volunteer will receive from the enrolling officer a certificate to the effect that he has so volunteered; and no volunteer will be received into any company except on such certificate. Persons who fail to make their selection at the time of enrollment will be assigned according to existing regulations. V. Persons who report to the enrolling officers will be enrolled and may be allowed a furlough of ten days before reporting to the camp of instruction. VI. All persons, whether volunteers or conscripts under this order, will pass through the camp of instruction of the State to which they belong, and be forwarded thence to the companies which are selected or to which they may be assigned. VII. The Bureau of Conscription is charged with adopting proper regulations for the enforcement of this order. VIII. All exemptions heretofore granted are subject to revision under instructions from the Bureau of Conscription, and if found to be improper or unauthorized by law will be revoked. By order: S. COOPER, Adjutant and inspector General. RICHMOND, VA., January 9, 1864. His Excellency JOSEPH E. BROWN, Governor of Georgia: SIR: I have the honor to acknowledge yours of the 20th ultimo, transmitting a copy of resolutions passed by the General Assembly of Georgia, expressing the determination to prosecute the present war with the utmost vigor and energy.~* After nearly three years of war and its attendant calamities this reaffirmation by the people of Georgia of the noble purpose which they announced at the commence- ment of the conflict is a cheering proof of their true appreciation of *See Vol. II. ~-ju~ p. 1060 Page 13 CONFEDERATE AUTHORITIES. 13 the importance of the struggle in which we are engaged, and of the spirit and resolution which alone can secure to us its successful issue. This high spirit and undaunted resolution have marked the conduct of the people of Georgia since the beginning of the warhave been illustrated on many battle-fields, and have found expression at every fireside throughout the State. Very respectfully and truly, yours, JEFFERSON DAVIS. HEADQUARTERS GEORGIA STATE GUARD, Hon. JAMES A. SEDDON, Atlanta, January 9, 1864. Secretary of War, Richmond, Va.: SIR: The importance of providing for the state of things that will arise the first of next month when the State Guard go out of service must be my apology for again calling your attention to the subject. As you are aware, many of the men now in the State Guard will be liable to conscription under the late act of Congress and many others expect to be made so by the anticipated action of Congress. In this state of things I am strongly persuaded that a very respectable com- mand could be got out of these troops for the war if I could be authorized to organize new companies and regiments. If the author- ity could be granted immediately I would set to work and have the new organizations ready to take the place of the State Guard. The authority should be to organize companies and regiments from any of the troops now in the State Guard service. I know that the policy of the Government is to fill up the ranks of the old regiments in the field, and in many respects it would be far better, but when you remember the character of those who have here- tofore had substitutes you will understand how reluctant they will be to go iiito the ranks of the old regiments. Our object should be to make the service as acceptable as possible to all our soldiers. Men make better soldiers and do all their duties far better when they feel content and satisfied than when forced against their will to serve with those with whom they feel no sympathy. My own opinion is that we would get more soldiers and better ones by allowing new organizations to be formed, but I do not put this application upon that ground. The old organizations should be filled up as far as possible, but there are many cases in which it would be better to allow new ones to be formed among those who are ~oing ~or the first time into the regular service. Be this as it may, am sure that the authority I now ask for affords the most certain and satisfactory mode of mei4ing the exigency that will arise on the expiration of the term of service of the Georgia State Guard on the 1st of February. The time is short and hence I ask that you answer by telegraph, as well as letter, if you grant the authority. I strongly recommend it. I am, with sentiments of sincere regard, very truly, yours, & c., HOWELL COBB, iJiojor- General, & c. [First indorsement.] JANUARY 16, 1864. Respectfully submitted to the President. The views of General Cobb differ from those I entertain, yet such confidence is felt both in his judgment and patriotism that I prefe Page 14 14 CORRESPONDENCE, ETC. submitting the matter to the consideration and decision of Your Excellency. It will be noted an early reply is requested. J. A. SEDDON, Secretary of TYar. [Second indorsement.] The law forbids. A recent resolution of Congress is on the point. J. D. [JANUARY 9, 1864.For Polk to Cooper, in relation to raising troops in the enemys lines, see Series I, Vol. XXXII, Part II, p. 540.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 4. Richmond, January 11, 1864. I. AN ACT authorizing the tax in kind on bacon to be commuted by collection of salt pork as an equivalent. The Congress of the Confederate States of America do enact, That assistant quartermasters and other agents engaged in the collection of tax in kind may be authorized, under orders and regulations made by the Secretary of War, to demand and receive, in commutation for the tax in kind on bacon, an equivalent therefor in salt pork. Approved December 28, 1863. II. The foregoing act of Congress being now in force, the officers mentioned in the act are hereby authorized to demand and receive, in commutation for the tax in kind, an equivalent in salt pork. In esti- mating what shall be an equivalent reference shall be made, as far as practicable, to the schedule rates established by the appraisers appointed under the fifth section of the act of Congress relative to impressments. But the Quartermaster-General may direct a variation from those rates and settle others, in such localities as a variation may be deemed advisable, for the interest of the public service. By order: S. COOPER, Adjutant audi Jim spector General. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 8. * Richmond, January 11, 1864. * * * * * * XXVIII. Lieut. Col. R. Snowden Andrews, artillery, Provisional Army, C. S., will proceed to Europe and report to Col. T. S. Rhett as an associate in the duties which he has been ordered to perform. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. EXECUTIVE DEPARTMENT, Tallahassee, January 11, 1864. Hon. JAMEs A. SEDDON, Secretary of War, Richmond, Va.: SIR: I am informed by the judges of probate and county commis- sioners of several counties in the State that they cannot procure th Page 15 CONFEDERATE AUTHORITIES. 15 corn necessary to support the soldiers families. I am also informed that large amounts of corn have been collected as tithes at various depots which cannot be transported from the State before it will be seriously damaged, and that the amount is more than is sufficient to sustain the troops now in service in the State. Presuming the facts stated to be true, there are two reasons why I should be pleased to receive from Colonel Northrop an order upon his officers, at points in the State where it can be spared, to deliver to my order for the use of soldiers families an aggregate of 10,000 or 12,000 bushels of corn upon payment of the amount per bushel at which its value has been fixed by the commissioners of the State and Confederate States. It will prevent a loss to the Confederate Government and will save the families of soldiers from suffering. The question may be asked, Is there not corn in the State sufficient for the wants of the citizens besides that received as tithes? And if the Government shall need corn during the year, can it be obtained? I believe there is corn enough in parts of the State for the general supply, and if the Gov- ernment shall now spare the corn from the tithes, that hereafter a larger amount may be obtained from the farmers if needed. If it is asked why it is not purchased by the county commissioners from those who have it, the reply is that county commissioners have no legal right to impress, and therefore cannot purchase. I admit that this is an unhappy state of affairs, but it is beyond my control. My opinion is that if the soldiers families were supplied as I propose, many who now hold and refuse to sell their corn would be glad to sell at less than prices now affixed, and if needed by the Confederate Govern- ment they would necessarily be compelled to sell to avoid impress- ments, and that the corn and subsistence received as tithes, which the Government has not the means of transporting, should be used to sustain the troops in service here and the families of soldiers that require assistance, and then if there shall be a need for more, those who have to spare should be made to do so unless they willingly sup- ply the demands of the Government. From personal observation lately made, I am enabled to state that there are immense quan- tities of provender, especially in Southwestern Georgia, awaiting transportation and being injured and lost to the Government for the want of means to transport it. Hundreds, perhaps thousands, of bales of fodder have already been injured and useless. To remedy the evil, why should not the Government, by contract or impressment, take charge of the passenger trains a few weeks, remove the seats, and transport in them the provender and subsistence needed by our armies, which is being injured and lost for the want ofr transporta- tion? Recently I have received communications from General Perrys brigade, copies of which are inclosed. In a letter addressed to the President, dated October ~5, 1863, I wrote, in consequence of General Lees letter to me, as follows: With regard to the return of General Perrys brigade and the recruiting of it as proposed, I would respectfully suggest, in compliance with the views of Gen- eral Lee for supplying the place of General Perrys brigade with other troops, that the First Regiment of Georgia Regulars and the Sixty-fourth Georgia Regi- ment, now in this State, would constitute a larger force than General Perrys brigade, and if General Cobb had not been absent from the State when I received General Lees letter I should have submitted to his consideration the propriety and necessity of the change. The regiments were suggested because I believed them to be better drilled and better qualified to supply the place of General Perrys brigade than any other I could suggest. The Sixty-fourth Regimen Page 16 16 CORRESPONDENCE, ETC. has been ordered to Savannah, and I am informed the First Regiment has received orders to hold itself in readiness for immediate removal beyond the State. I would respectfully insist, in justice to the brigade and for the defense of the State, that General Perrys brigade should be ordered immediately to Marianna, in West Florida, if it is possible to spare it a few months from General Lees command. The reasons why I designate Marianna are First. Because in the counties bordering on the Gulf, and especially in Washington County, there are many deserters and many persons who have fled from other States to avoid conscription. These per- sons have contaminated a large portion of the citizens, and constant communication is kept up with the enemy, who is massing forces on Santa Rosa Island, evidently with the purpose of making a raid in that portion of the State, which is comparatively defenseless. The sheriff of the county and others who are persons of influence have gone to the enemy, carrying with them their horses, & c., and will pilot them in any raid which may be attempted. I assert this to be true with a full knowledge of the facts. I entertain no doubt that unless preventive measures shall be promptly adopted that the por- tion of the State between the Apalachicola and Choctawhatchie Rivers will be desolated by the enemy during the winter. It is now threat- ened, and the freshet in the Apalachicola at this time would prevent re-enforcements from this portion of the State. Second. I believe a greater number of recruits would be more promptly received to fill up the brigade, especially if newly organized companies should be assigned to the brigade. I would, moreover, respectfully invite your attention to the accom- panying correspondence between Maj. P. W. White and myself. I see no propriety or justice in able-bodied men who are subject to con- scription being shielded from military service by being appointed agents to make impressments. Those who are subject should be conscripted. If impressing agents shall be necessary, let them be men not liable to military service or be detailed for the purpose. Young and able-bodied men should not be screened from military service by being employed in the Quartermasters and Commissary Departments. Nothing but positive orders will bring them into serv- ice. The slightest discretion permitted to those who have appointed them will devise pretexts to retain them in service. Old men and disabled soldiers should perform these light duties, but no old man or disabled soldier will ever be deemed qualified by a quartermaster or commissary while he has a favorite which he desires to retain in his employment. In these departments radical chax~ges can only be effected by positive orders and frequent and rigid inspections. The corruptions of office manifested by suddenly acquired wealth have generated a widespread desire for speculation and wealth which has overcome the obligations of patriotism and endanger the very exist- ence of the Confederate States. Notwithstanding the alleged depre- ciation of the currency, people of all ages and conditions seem wild in its accumulation, regardless of consequences and careless as to the result, though it lead to the destruction of their liberties. I have frankly expressed to you the views I entertain from a sense of duty, and under the unpalatable and sad conviction that the gen- eral tendency of our national affairs does not inspire confidence. The causes which destroy public confidence, the two chief impediments to our ability to compete with the enemy, are time corrupt practices exhibited in the Quartermasters and Commissary Departments an Page 17 CONFEDERATE AUTHORITIES. 17 the want of suitable regulations to put in service and keep there those able to fight. In almost every town and village are persons in uni- form under some pretense of public service which the people perceive is never performed. Thi~ state of affairs has resulted chiefly from permitting new military organizations rather than sustaining those in service, and thus forcing the necessity for the seeming employment of officers who have lost their commands. Judging from their pro- ceedings as published, it seems to be the purpose of Congress to rem- edy these as well as other evils; but I apprehend their labor is too sweeping, and will result in the overthrow of existing social organi- zations resting upon the avocations of labor necessary to subsist the armies in the field, the Confederate and State Governments, and to save the country from famine and its fearful consequences. While engaged in writing the foregoing views to submit to your consideration, additional companies of cavalry have arrived at this place. They are part of a battalion recently raised by Colonel Hood, of Georgia, upon the recommendation of Brigadier-General Col~b, aiid if I am correctly informed this battalion of seven companies is prac- tically without arms, as are other cavalry commands in this State. The proportion of cavalry to infantry in this State seems to me to be exces- sive, and considering the demarfd for corn to subsist the people and armies, would it not be prudent, if an additional eavalry force is needed in Virginia, and it can be armed at Richmond, to order a cavalry regi- ment from this - State to Virginia, and thus enable General Lee to spare Brigadier-General Perrys brigade to return to Florida to meet threatened emergencies and to recruit? I presume the Second Florida Cavalry Regiment, commanded by Col. Caraway Smith, exceeds in number the aggregate of Brigadier-General Perrys brigade. They have been in servic,e here nearly two years, and are, I believe, well mounted and of good material. To assist in making any defense which may become necessary, the State is without arms, and for the reason that I have promptly and freely used the anus belonging to the State in equipping the troops in Confederate service. May I not confidently appeal to you to send by Mr. Wilson, the agent of the State, 1,000 stand of small-arms, muskets or rifles, with accouter- ments, ammunition, and caps, to be disposed of by me as shall become necessary in the defense of the State. Under existing circumstances I can see no possible opportunity of maintaining the existing organi- zation of Perrys brigade unless it shall be ordered back to the State to recruit, as it is well known to the Department I have no means at my disposal to aid in maintaining the organization. I caironly make suggestions respectfully that the War Department may exercise a sound discretion under a sense of justice to the brigade and to the State. I have the honor to be, very i~espectfully, JOHN MILTON, Governor of Florida. LFir8t ifl(lOrsemenLj JANUARY 20, 1864. Quartermaster-General (Coloiiel Smith) for consideration of the proposition about tithes, & c. J. A. S., Secre1ar~y. 2 R RSERIES iv, void IL Page 18 18 CORRESPONDENCE, ETC. [Second indorsement.] QUARTERMASTER-GENERALS OFFICE, TAX IN KIND January 20, 1864. If the county authorities of the counties of Florida will apply to Maj. C. C. Yonge, controlling quartermaster of the State, at Talla- hassee, he will give them authority to purchase breadstuffs from the depots of the tax in kind at commissioners rates, such supplies being for the indigent. Major Yonge has full authority on the subject. The Commissary-Generals Department is collecting in these counties only for the purpose of feeding cattle. Respectfully, LARKIN SMITh, Assistant Quartermaster- General. [Third ludorsement.] Arms can be placed at the disposal of Governor Milton at Column- bus, Ga. J. GORGAS. [inclosllre No. 1.] OFFICE OF THE CHIEF COMMISSARY, QLtincy, Fla., December 9, 1863. This Excellency JOHN MILTON, Governor of Florida: GOVERNOR: having just received this morning a copy of the act of the last Florida Legislature regulating the mode of executing the impressment acts of the Confederate Government by its officers in this State, I find that the fifth section of that act requires each and every person authorized by Confederate authority or law of the Con- federate States to make impressments in this State shall notify the Governor thereof, so that the citizens of this State may be notified thereof by proclamation of the Governor as aforesaid. If Your Excellency requires this notice to be given by each and every person in my department individually, it will be from three to five weeks before they can be written to and their answers obtained so as to fur- nish Your Excellency their names. But if official notification from inc of the names of those I have empowered to make impressments will satisfy the terms and requirements of the fifth section of said law, then I have the honor to imiclose to Your Excellency a partial list of their names for immediate proclamation. If eachyerson has individ- ually to notify Your Excellency of his power to impress, all of our surplus stores will be in danger of being purchased and taken out of the State before this can be done, and in all the cattle districts of this State (where we are collecting by detailed men nearly all of the cattle now supplied to our armies) our operations must, be suspended until the notice be given by each impressing officer from the remotest ret~ions of this State. Three-fourths of the beef-cattle are now fur- nislied from Mamiatee amid Brevard Counties, both very remote, and on account of poor mail service it requires from three to four weeks for a letter to go and answer to be returned. What is to be the fate of our armies, now almost solely dependent upon this State for meat, Heaven only knows. The danger from this source will be greatly less- ened if it be held sufficient for me to furnish you the names of my impressing officers. On the contrary, if each officer has himself to notify you, the interval until this can be done will be one of grea Page 19 CONFEDERATE AUTHORITIES. 19 peril to the Army, unless my officers shall be willing to take the respon- sibility and, in order to sustain the Army, run the risk and submit to the penalties of the law. Under authority from the Commissary-Gen- eral, Col. L. B. Northrop, I have conferred authority to impress upon the following officers and persons, viz: Isaac Widgeon, commissary agent First District of Florida; Maj. A. B. Noyes, commissary of subsistence, commissary Second District of Florida; Maj. J. P. Baldwiu, commissary of subsistence, commis- sary Third District of Florida; Maj. A. G. Summer, commissary of subsistence, commissary Fourth District of Florida; Mr. James McKay, commissary agent Fifth District of Florida; Capt. J. D. Westcott, assistant commissary of subsistence; Capt. C. F. Stubbs, assistant commissary of subsistence; J. P. Coker, sub-agent of Mr. Isaac Widgeon; Joseph B. Roulhac, sub-agent of Mr. Isaac Widgeon; Hamilton G. Bryant, sub-agent of Mr. Isaac Widgeon; John J. White, sub-agent of Mr. Isaac Widgeon; S. B. Thomas, sub-agent of Maj. A. B. Noyes, commissary of subsistence; J. J. Polhill, sub-agent of Maj. A. B. Noycs, commissary of subsistence; John Denham, sub- agent of Maj. A. B. Noyes, commissary of subsistence; Arthur Macon, sub-agent of Maj. A. B. Noyes, commissary of subsistence; J. J. Snelling, sub-agent of Maj. A. B. Noyes, commissary of subsistence; Paul Canova, sub-agent of Maj. J. P. Baldwin, commissary of sub- sistence; William Allen, sub-agent of Maj. A. G. Summer, commis- sary of subsistence; E. D. House, sub-agent of Maj. A. G. Summer, commissary of subsistence; Capt. James McKay, assistant quarter- master, sub-agent of James McKay, Fifth District; M. S. Elkins, sub- agent of Maj. A. B. Noyes, commissary of subsistence. In addition to the above I have the honor to report my own name as one authorized to make impressments of subsistence stores. There are others, whose names I will forward you as soon as practicable. Very respectfully, your obedient servant, P. W. WHITE, Major and Chief Commissary of Florida. [Inclosure No. 2.] SYLVANIA, JACKSON COUNTY, December 12, 1863. Maj. P. W. WHITE: SIR: Your letter of the 9th instant was handed to me by Mr. Gibson as I passed through Quincy en route for this place. Previously I had sent to the office of the Floridian and Journal for publication the act of the General Assembly referred to by you, accompanied by a proc- lamation upon the subject. The fifth section of the act provides that each and every person authorized by Confederate authority or law of the Confederate States to muake impressmnents in this State shall notify the Governor thereof, so that the citizens of this State mnay be notified thereof by the proclamation of the Governor.~ I do not belmeve that lt was mutended that the Governor should wait to be informed of all who were or might be authorized to mnake impress- ments before publishing the names of each and every one whom he should be properly assured were authorized; nor am I inclined to con- strue the act strictly, so as to require from each and every person authorized his individual credentials. The assurance of a superior officer may be sufficient for the purpose. Nor do I believe your apprehension that all surplus stores will be in danger of being pur- chased and t~kemm out of the State, & c., well sustained. No perso Page 20 20 CORRESPONDENCE, ETC. has the consent of State authority to take cattle or other means of subsistence from the State without the knowledge and consent of the officers in command of the military district in this State. Moreover, I have too much confidence in the patriotism and intelligence of the citizens of Florida to believe that any respectable portion of them could be induced to sell to speculators cattle or any article of subsist- ence needed for the snpport of the armies in Confederate service, or that they will refuse to sell to officers in Confederate service (prop- erly authorized to pnrchase) all the means of subsistence they have not absolutely necessary to the support of their own, the soldiers families, and unfortunate fellow-citizens dependent upon their good will for support. I hope, therefore, that there will be no necessity for impress- ments to be made, but if there should be, no obstacle will be interposed by State authority to prevent the legal and equitable enforcement of the act of Congress upon the subject; but I have maintained and shall adhere to the position, unless I shall be convinced that I am in error, that no citizen subject to conscription and physically able to perform military service can be exempted by your appointment of him as an agent to impress, and therefore that you cannot with legal pro- priety appoint such an agent. Of the fourteen persons named as sub-agents in your letter there are, if I mistake not, eleven or twelve of them who are not in military service, are subject to conscription, and are named as the sub-agents of the agents appointed by yourself. Presuming Majs. A. B. Noyes, J. P. Baldwin, A. G. Summer, [Mr.] James McKay, Capt. J. D. Westcott, Capt. C. F. Stubbs, and Isaac Widgeon, and yourself to be authorized by your assurance of the fact, I will give the assurance by proclamation to the citizens of this State, and I shall do this the more cheerfully because I know or believe the gentle- men named to be either in Confederate military service or exempted by age from it. Until I shall be informed by the Secretary of War that it is proper that persons subject to conscription and physically able to perform military service can legally aiid properly be author- ized as sub-agents to impress, I shall decline to declare them so by proclamation. In a general order upon the subject General Bragg has made known his opinion that none but commissioned officers can legally make impressments, and complains of the demoralizing influ- ences produced by illegal impressments upon the Army, and it is not difficult to conjecture what may be the deleterious effect upon the Army if during their absence in military service their families shall be made to suffer by impressments unnecessarily or illegally made. Brave men had rather fight upon half rations Qf bread, or even parched corn, than to have their families deprived of the means of subsistence necessary to their support. But I entertain the hope, and I think reasonably, that the people of Florida would much rather live on bread than that the soldiers in service should be constrained to live without meat. Therefore I hope that personally and by those under your command you will appeal properly to the citizens of the State to supply the Army with beef, pork, bacon, molasses, sirup, sugar, & c., and if you shall find them deaf to the appeal and disposed to sell to speculators, or unnecessarily to withhold from the armies the means of subsistence, against such person and all such persons, it is hoped, you will proceed agreeably to the act of Congress regulating impressments to provide for the support of the armies. I deem it unnecessary to reply to the portions of your communica~ tion in which you speak of your officers being willing to take the responsibility, and in eider to sustaili the Army run the risks an Page 21 CONFEDERATE AUTHORITIES. 21 submit to the penalties of the law, further than to express the hope that there will be no attempt to act in defiance of the law of the State. If there shall be, sufficient for the day will be the evil thereof. I have the honor to be, sir, respectfully, JOHN MILTON, Governor of Florida. DECEMBER 13, 1863. P. S.Before an opportunity occurred to mail the foregoing reply to your letter I have received from Widgeon a copy of a communica- tion from Maj. S. B. French to you, dated the 9th of December, directing you to procure at once, by purchase or impressment, all the sorghnm molasses that can be obtained. I presume Major French was ignorant of the late act of the General Assembly, and believe that there is not enough sorghum sugar in the State to be of very great service. I am as anxious as you can possibly be to have sub- sistence furnished to the Army, and therefore respectfully suggest that independent of procuring what molasses can be obtained you would confer with those whose duty it is to collect the tithes and inspire them with energy to co-operate with you to obtain and forward pork and bacon, as well as beef, as soon as it may be possible. In a few days an immense number of hogs will be slaughtered for bacon and pork; already some have been, and there are many farmers who will have large quantities of pork, bacon, and lard to spare, after paying the tithes and providing for the absolute necessary wants of the families of soldiers, their own families, and non-producers depend- ent upon them, who will cheerfully sell at Government prices for the use of the Army. I believe in this county 200,000 pounds of pork and bacon can be obtained. Respectfully, JOHN MILTON, Governor. [Inclosure No. 3.] CAMP PERRYS BRIGADE, December 26, 1863. His Excellency JOHN MILTON, Governor of the State of Florida: SIR: An application asking that three Florida regiments be allowed to winter in Florida for the purpose of recruiting has just been returned, after having been strongly recommended by Generals Perry, Anderson, and Hill, by General Lee, with the indorsemei~t that in a correspondence with Your Excellency he had proposed the only method by which the object of the application could be attained, viz, by send- ing other troops on to relieve us. We do not know upon whose shoulders to throw the blame, but it does appear that if our friends at home had earnestly wished the scheme to succeed they might have made some little effort to have those troops sent to take our places, thereby giving us a short time at least to recruit our ranks, which have been sadly thinned by the danger, hardships, and diseases to which we have been exposed for nearly two years. We do not wish to detract from the merit or gallantry of those troops yet remaining~ in the State, but think it just and right that they should be made to bear their part of the burden; or in other words, that it should be more eqnallydistributed. Our brigade once numbered over 3,000 men, but now little more than as many hundred remain. The Presi- dent has strongly recomlncnde(l in his message to Congress that th Page 22 22 OORR1~SPONDENC1~, ETC. smallest regiments be consolidated, as it would greatly decrease the expenses of the war. The Florida regiments being abont the smallest in the Army of Northern Virginia will be the first to suffer in that way, and we (both officers and men) think if our civil authorities at home will not make the slightest effort to relieve us in our distress they hold the honor of the State as of little consequence, and we are poorly repaid for the sacrifices made and the danger gone through with since coming to Virginia. Great injustice has been done us as regards sending on conscripts to recruit our raiiks. It is a well- known fact that the object of the conscript law was not to form new organizations (as is the case in Florida), but to fill up the ranks of the regiments already in the field as fast as they were reduced below the standard by the misfortunes of war. It is an equally well-known fact that not a single conscript has been sent to some of the regi- ments, and what is worse, the deserters have been allowed to join home organizations, which is surely encouraging to us, especially on the eve of consolidation. W e inclose you the indorsements of our generals upon the applica- tion to be sent to Florida this winter, and respectfully ask your co-operation in our endeavors to that effect. We know that your influence is justly felt and appreciated where it would benefit our undertaking should you think it proper to assist us in this move. At a meeting of the officers of this brigade we, the undersigned, being appointed a committee to correspond with Your Excellency upon this subject, would be pleased to hear from you as soon as convenient. We have the honor to be, Governor, your obedient servants, Benj. F. Davis, major Fifth Florida Regiment; Thos. E. Clarke, major Eighth Florida Regiment; David Lang, colonel Eighth Florida Regiment; B. Frank Whituer, captain, Eighth Florida Regiment, committee. C. A. Bryan, captain, Fifth Florida Regiment; J. L. Taylor, lieutenant, commanding Company K, Fifth Florida Regiment; J. M. Tolbert, Company D, Second Florida Regiment; N. B. Walker, Company I, Second Flor- ida Regiment; D. B. Taylor, aide-de-camp. [First indorsement.] hEADQUARTERS PERRYS BRIGADE, December 17, 1863. These applications are respectfully forwarded and recommended. The regiments composing this brigade originally fiumbered 3,271; of these there are now left barely enough for a battalion. From Gov- ernor Milton and other sources in Florida I learn that the regiments could be recruited were they allowed to winter there. I hope the application will be favorably considered. E. A. PERRY, Brigadier- General, Commanding Brigade. [Second indorsement.] DECEMBER 18, 1863. Respectfully forwarded, urgently requesting that this or some other means be taken to restore the Florida Brigade to something like its original strength. R. ~. ANDERSON, Major- General Page 23 CONFEDERATE AUTHORITIES. 23 [Third indorsement. HEADQUARTERS THIRD ARMY CORPS, Respectfully forwarded. December 19, 1863. I believe this might be tried, and probably with advantage. A. P. HILL, Lieutenant- General. [Fourth indorsement.] ORANGE, December 23, 1863. Respectfully returned. In a correspondence with his Excellency Governor Milton some time since General Lee stated that he would send this brigade or a part of it to Florida for the purpose indicated hei~ein, provided a regi- ment would be sent here to supply its place. To this no response has been received. The interests of the service will not allow that the regiment be detached without an equivalent. All that can be done is to send suitable officers to co-operate with the officers of conscrip- tion in procuring recruits, as is done with other regiments Similarly situated. If the recruits or conscripts are in the State, it is thought they can as well be obtained by sending for them as by sending the brigade there to recruit them. By order: W. H. TAYLOR, Assistant Adjutant- General. [Fifth indorsement.] HEADQUARTERS PERRYS BRIGADE, December 26, 1863. The above copies of indorsements are correct. D. B. TAYLOR, Acting Assistant Ao~jutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., January 11, 1864. Governor VANCE, Raleigh, N. C.: Your request anticipated. The Don went to sea on or before the 9th. J. A. SEDD}I~N, Secretary of Wa r. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 12, 18G4. his Excellency Z. B. VANCE, Governor of North Carolina, Raleigh, N. C.: SIR: On the receipt of your letter of the 31st ultimo, relating to the consumption of grain in North Carolina in the manufacture of whisky, I called upon the Surgeon-General to report whether he had any con- tract for the distillation of spirits in your State, and if so, the quan- tity of grain required and the necessity for the supply. I annex a copy of his reply: The Medical Department has no contract for alcoholic stimulant in the State of North Car~1ina. The distillery at Salisbury referred to by Governor Vance i Page 24 24 CORRESPONDENCE, ETC. owned by the Medical Department and is engaged in the manufacture of whisky and alcohol for the sole use of the sick and wounded of the Army. The distillery was purchased by this Department for the purpose of dispensing with the system of contracting for alcoholic stimulants, as it has been found that a large quantity of whisky manufactured by contractors is of an inferior quality and their con- tracts were not in other respects faithfully carried out. It is also.~believed that a large quantity of whisky made by contractors has been sold to private parties when it should have been delivered to the Government, therety consuming more grain than was required to fill their contracts. Major Badham has been instructed to turn over grain to the medical purveyor in charge of the Government distillery at Salisbury in order to obviate the necessity of this department going into mar- ket to purchase, which would enhance the price paid for grain by the Quarter- masters Department, and the 30,000 bushels referred to in the within communi- cation is for a whole years supply for the distillery. There is no distillery at Charlotte belonging to this department, nor am I aware that there is one there. The Attorney-General has decided that the Confederate Government has the express power to support armies; that any means may be used which are necessary and proper to obtain supplies for that support. Therefore a State has no power to interfere with the Confederate Government in the manufacture or even contracting for such supplies. In conclusion, I would state that it is abso- lutely necessary for the comfort and welfare of the sick and wounded of our Army that the Government distillery at Salisbury should not be interfered with or the supply of grain cut off. I may add to the above that on inquiry I learn that a greater cool- ness of temperature than for many months of the year prevails in the Southern States when corn is more abundant is essential to the ready and proper distillation of spirits, and that this circumstance prevented the easy solution of the difficulties presented by your remonstrance which I should have sought in the removal of the Government laboratory. I trust your objections will, under the circumstances, be withdrawn. Very truly, yours, JAMES A. SEDDON, Secretary of IVar. [JANUARY 12, 1864.For Murrah to Magruder, with reference to the status of Texas State troops, see Series I, Vol. LIII, p. 926.] CIRCULAR BUREAU OF CONSCRIPTION, No. 1. f Richmond, January 18, 1864. I. The attention of commandants of conscripts is specially called to General Orders, NQ. 3, Adjutant and Inspector Generals Office, 1864, herewith printed. * By these general orders the acceptance of substitutes into the Army is forbidden, and all l5ersons who have heretofore been exempted from military service by reason of having furnished substitutes are rendered liable to such service. II. Commandants will forthwith proceed with the enrollment of all persons who have been exempted by reason of having furnished sub- stitutes. A distinct roll will be kept of the persons thus enrolled, containing the name of the substitute, the date of the substitution, the company and regiment in which the substitution was made, and, as far as practicable, whether the substitute is still in service; and if not, whether lost by desertion, discharge, or casualty. This roll will be forwarded with monthly reports. III. Principals of substitutes are subject to the same regulations prescribed for other persons liable to military service; but the fact * See p. 11 Page 25 CONFEDERATE AUTHORITIES. 25 of having furnished a substitute may be assumed as prima facie evidence that the principal has no other claim for exemption, and will therefore demand careful examination when new claims are presented IV. To aid in dete6ting frauds in substitutIons which have been committed by officers and others, commandants will endeavor to pro- cure all substitute papers, examine them, and if found to be irregular or supposed to be fraudulent, will forward them to the Bureau, with testimony an(l opinion. V. Cases of fraudulent, irregular, and improper exemptions have been reported to the Bureau; certificates of exemption have been counterfeited, and it is feared officers are not free from liability to grave charges iii granting exemptions. Commandants will forthwith, by special inspections aiid otherwise, proceed to a rigid revision of all exemptions. By command of Col. J. S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. (To Commandants of Conscripts.) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 13, 1864. His Excellency J. E. BROWN, Governor of Georgia, Miilledgeville, Ga.: SIR: General Beauregard has of late on several occasions expressed serious apprehensions that the enemy were strengthening their land forces and contemplating an attack on the line of railroad, and in consequence has called for re-enforcements. Unable to spare them from other sources, it is deemed advisable to inquire of you whether the residue of the 15,000 men organized, as the Department has understood, under the call made upon you last summer, and not yet brought into service, could be commanded in whole or in part for aid to General Beauregard. They might, without h~aving the State, if that be objectionable, be substituted for other troops at Savannah, or along the line within the limits of Georgia. General Cobb likewise writes that the term of service of the local forces under his coin- mand will expire in February, and in such event it would be of great importance that either they should be continued in the service, or a portion of the 15,000 not employed as above should be prepared to take their places. Will you be so kind as to inform me what course you will feel at liberty to adopt under the circumstan~s, so that a more formal call may, if necessary, be made upon you? Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. COMMITTEE ROOM, CONFEDERATE RELATIONS, Hon. JAMES A. SEDDON, January 13, 1864. Secretary of War: SIR: Your communication* to me of the , inviting attention of the Legislature to the policy of withdrawing all able-bodied male *Not found Page 26 26 CORRESPONDENCE, ETC. slaves from within the enemys lines and without our own, liable to seizure by them through the intervention of our own forces, was referred to the Committee on Confederate Relations, and has received from them the attention its importance demands. They have con- sidered the subject in both the aspects in which you presented it, viz, the saving of the property of our citizens and the defeating of the enemys design of recruiting a black force within the limits indicated, and have invited and obtained the expression of the views of a large number of the members of the house representing the counties more immediately interested as to the effects likely to be produced by the adoption of the policy suggested.. They concur, I believe, without exception in believing it would be attended with very serious mischief and with very partial compensating good. They represent that within the enemys lines the number of slaves left at their homes fit for mili- tary service is now very limited, forcibly or voluntarily the great bulk of them of that description having already gone to the enemy; that the few remaining are retained generally by strong local or family attach- ments, but none by any motive which would not yield to the aversion they entertain to be forced away from their homes within our lines and employed on our public works; that they are so scattered that but a very small proportion could be captured, if any, by a military raiding party before they would fly to the woods or to the enemy, soon to be followed by their families, whose labor and assistance is now so invaluable to the loyal whites (chiefly females and children) still remaining in the enemys lines, would be attended with the most deplorable consequences; that many of those citizens would be left in great extremity for support if they remained, or exposed to great loss and suffering if they removed, besides by coIning farther into the interior increasing the existing pressure on our already over- taxed means of subsistence. The fear Was also expressed by some of the gentlemen who favored the committee with their views that the loss of their still remaining slaves occasioned by such an intervention of the Government might lead, however unjustifiably, to alienating from our cause persons now friendly to it. The effects on the slaves in the interior of bringing amongst them, so far as the measure should prove successful, those who had become imbued by the enemy with ideas and habits but little consistent with the obedience and subordi- nation proper to their condition and necessary to the peace and safety of the whites, was strongly urged as dissuading from the adoption of the policy under consideration. In respect to the consequences of such a measure as applied to the districts between our lines and those of the eneniy, the gentlemen representing theni thought the effects would be similar to those above presented. While in them a plan might be adopted, no doubt, attended with more success for getting possession of the slaves than in the other case, yet they believed large numbers would attempt, successfully, to escape to the enemy, while it would be the signal for the immediate stampede into the enemys camps of all the slaves within their lines. There was no difference of opinion as to the gen- eral opposition of the owners to the plan, nor as to its resulting in a greater loss of slave property to the State than would ensue by leav- ing the owners to pursue the best means in their power to save them as exigencies might recommend. Not considering that the commu- nication received from you was intended so much to indicate a line of policy determined on as to invite a conference and comparison of views with those most interested in it in regard to its expediency, th Page 27 CONFEDERATE AUTHORITIES. 27 committee have instructed me to lay before you the facts and views herein communicated for your consideration before adopting any conclusions or taking any definite action on the subject. They should probably say, however, that they so far feel the force of them as to be disinclined to recommend to the favor of the House the policy of a forcible withdrawal of the slaves from the quarters of the State embraced by your suggestion by the military intervention of the Con- federate Government. But they trust there will be found no room or occasion for any conflict to arise between the authorities, respect- ively, of the two governments, at least in the conclusions they shall arrive at. They are persuaded that the Confederate Government, even if not concurring entirely in the views above set forth, would yet readily refrain, in a matter of so much delicacy and so vitally affect- ing our citizens, unless from the clearest conviction of an overruling necessity. from exercising a power which any State might deem seriously objectionable and prejudicial to her most important interests. Hoping to learn from your reply that the Confederate Government does not, in view of all the circumstances, propose to pursue the policy to which you invited the attention of the Legislature of Vir- ginia unless with their concurrence, I am, very respectfully, WYNDHAM ROBERTSON, Chairman. [JANUARY 13, 1864.For Lee to Preston, in relation to the necessity for a strict execution of the conscript law in order to strengthen the armies in ~he field, see Series I, Vol. XXXIII, p. 1087.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 6. Richmond, January 14, 1864. I. Whenever ordnance stores are lost or damaged in any brigade it will be the duty of each brigade or district commander, at the request of his ordnance officer, or of any officer accountable for ordnance stores, to appoint as often as necessary a board of survey, to consist of three officers, to assess the value of or damage to such stores. II. The decision of this board, with the approval of the brigade or district commander, will be final; and it will be the duty of the brigade or district ordnance officer to notify the company commander to stop the amount on the muster-rolls when . priva~s are found chargeable; and when officers are found chargeable, instead of report- ing to the Secretary of War as required by paragraph 921, General Regulations, he will notify the brigade quartermaster or the chief quartermaster of the district to have the -amount stopped at the next payment. Duplicate of such notification in the case of officers and privates to be sent to the Chief of Ordnance at Richmond, to be by him transmitted to the Second Auditor of the Treasury. III. The brigade or district ordnance officer will furnish the brigade inspector or other officer having charge of that duty with a statement of all stoppages made by the board of survey against officers and men, and the inspector will see that these stoppages are actually made. IV. The same instructions will be adhered to in the artillery, where the officers in charge of the artillery of a corps or of a department will call the board of su rv~y Page 28 2S CORRESPONDENCE, ETC. V. Ordnance sergeants of regiments will remain habitually with their regiments and keep themselves constantly informed as to the positions of the brigade ordnance train. VI. The use of the sword-bayonet having been generally disap- proved by boards of officers in the field, to whom the question of its usefulness was referred, its manufacture has been ordered to be dis- continued. The triangular bayonet will be substituted. VII. Hospital funds within $5,000, accrued at general hospitals, may be transferred to other general hospitals on the oj~der of the medical director or the Surgeon-General. By or(ler: S. COOPER, Adjutant and Inspector General. WAR DEPARTMENT, Richmond, I ~a., January 14, 1864. Governor Z. B. VANCE, Raleigh, N. C.: YOUR EXCELLENCY: I am duly in receipt of your letter of 7th instant. Before it came to hand I had directed that the following telegram be sent to the agent of the Department at Wilmington: No reply yet froiu Governor Vance. The Secretary of War wishes you to arrange to let Don go out, leaving the question of ownership of one-third of the cargo to be determined after full conference with Governor Vance, and had received a reply as follows: Suggestion in your telegram relative to Don anticipated. She has proceeded to sea. I am most anxious, in reference to the blockade trade, to do whatever will most subserve the use of the Army and people. After I found that the few steamers owned by the Government were inade- quate to carry out cotton to purchase supplies and munitions urgently needed, I sent an officer to Wilmington and Charleston to confer with owners of steamers and make the best arrangements possible to secure a portion of the carrying capacity of their steamers for the Government, and wrote at the same time to Generals Beauregard and Whiting, placing the necessities of the Government before them. Arrangements were then made whereby the several owners conceded at least one-third of their carrying capacity on payment of reasonable freights therefor. Under these arrangements the Don and Hansa have heretofore been loaded. I am aware that the owners and agents of this line (who are all foreigners, as I am advised) ~vere prepared to make any concession as to inward freights to be relieved from carry- ing out any cotton for the Government, their sole interest lying in getting out of the country as much cotton as possible. Indeed, I have found no difficulty in securing as much freight room inward as I desire from the ports which the steamers run. Under these circumstances I think you will agree with me, Gov- ernor, that the arrangements with Messrs. Collie & Co., with Which you propose to supersede mine, are less advantageous to the country than those established by me. We are both laboring in the same cause and for the same end, and I will not willingly allow any con- flict with you through officers acting under my authority, and I feel that I may ask the same of you. Our wants for meat, lead, salt- peter, shoes, clothing, & c., are most urgent at this time, and every bale of cotton I could send out has been devoted to such purchase Page 29 CONFEDERATE AUTHORITiES. 29 for the use of all the troops in the field. When I learned that you had purchased the steamer Advance I did not wait for an application, but at once directed the agent at Wilmington to exempt her from the requirements made of all other steamers. The Don and Hansa are upon a different footing. They are already engaged in carrying out one-third of cargo for account of the Government. The owners made overtures to you in order to be relieved from what they regarded as an onerous obligation. When advised of these facts I do not think you will insist on thus relieving them by your contract from their engagements with the Governmentengagements they were actively executing at the time you entered into contract with them. If for special temporary purposes connected with your supplies at Bermuda you wish the exemption of the Hansa and Don foi~ present trip, or indeed longer time, I shall give orders to meet your wishes. I am sure that you will agree with me that, as a general thing, it will be better for the Confederate Government to send out cotton to procure supplies for our armies than for the individual States to undertake the matter. Some States have no ports, others are within the occupa- tion of the enemy. The troops from such States must be supplied by the Confederate Government only. If each State undertakes the export of cotton and the import of all supplies necessary, we shall have great jealousy among the troops from the different States and great embarrassment in questions connected with railroad transpor- tation. There can be no objection to a State exerting every effort for the comfort and well-being of its soldiers and people, but such efforts should be outside of and not interfere with those of the Confederate Government for the comfort and well-being of the whole Army and country. I will, on this full representation of the considerations that control the Department, leave it entirely to your own judgment and patriotism to determine whether any and what allowance should be made the Government of the last cargoes of the ilansa and Don, but trust that upon their return you will consent to have them resume their place in carrying out one-third for the Government, and will so advise me on the receipt of this. I ought, in addition, to intimate to you that General Whiting, from some correspondence he has seen with Mr. Andrea, has formed unfavorable opinions as to his interest in our cause and the purely selfish ends at which he is aiming. I have the honor, sir, to remain, very respectfully, your obedient servant, JAMES A. SEI~DON, Secretary of War. RICHMOND, VA., January 15, 1864. THE SENATE OF THE CONFEDERATE STATES OF AMERICA: I have received from your honorable body, through the hands of your secretary, a copy of the report and resolution adopted by you in executive session on the 9th instant. The resolution is in the following words: Resolved, That the Senate do advise and consent to the appointment of the military officers nominated in the four several messages of the President dated on the 8th instant, all of whom are from States west of the Mississippi River, for the reasons stated in the foregoing report; and that the action of the Senate herein is not to be construed as sanctioning or recognizing the right of the Executive, i Page 30 30 CORRESPONDENCE, ETC. nominating officers to the Senate, to fix the time at which they shall take rank anterior to the preceding session of Congress, or at any time during such session. By the first four lines of the resolution I am informed that the Senate acknowledge the legality and concur in the propriety of my action in regard to these nominations, by their advising and consent- ing to the appoinhnents as proposed. This is the whole action usually taken on nominations, and seems to exhaust the authority over appointments vested in the Senate by the Constitution. The reservation, however, in the present instance, that the Senate is not to be considered as sanctioning or recognizing the right of the Executive to do in the future what the Senate have approved of his doing in the cases before them, as explained in the report to which the resolution refers, imposes on me the necessity of this communication. On referring to that report I confess to my surprise at finding myself apparently charged with a violation of the Constitution, although no foundation exists for the implication conveyed in the report. I feel snre, therefore, that neither the committee nor the Senate could have intended or sanctioned such a charge; but I could not in justice to myself fail to call your attention to the language employed. It is as follows: * * * The only difficulty presented to the committee is, that the date at which the officers nominated are to take rank is anterior to the last session of Congress. The committee are of opinion that the Constitution contemplates that all offi- cers appointed in the recess of Congress shall only hold under such appointment to the close of the next session of Congress, and that they should be renominated, if it is intended to retain them in their offices, to the Senate at its first session after thefr appointment. This has not been done in this case. The Senate cannot but agree with me that the plain inference from these passages is that the Constitution has been violated by my hav- ing appointed these officers during the recess and retained them in office without nominating them to the Senate at its next session. It has thus become incumbent on me (while satisfied that neither the committee nor the Senate could have intended to make such an accu- sation) to repel any inf~rence that might hereafter be drawn from my silence on the subject, by stating that not only had no appointments of these officers been made prior to the nominations on which the Senate has just acted, but that the fact of the necessity for the appointments only reached the Executive since the commencement of your present session, by communication received last month from the Trans-Mississippi Department. Upon the point suggested in the close of the resolution, that the Executive is without the right to make a nomination to a military grade, con pled with rank from a date prior to a former session of the Senate, it is not deemed proper to anticipate any future disagree- ment with the Senate by presenting the reasons for the opposite conclu- sion as being the only one consistent with the laws for the regulation of the Army, as well as with long-settled usage and the necessities of the service. When the occasion shall arise I cannot doubt that the Senate will, notwithstanding this resolution, refuse to abandon its own constitu- tional power to act on nominations at its, pleasure, according to the merits of each case and the good of the service. I am confirmed in this conclusion by observing that the resolution was passed without a call for the yeas and nays, and therefore with probably less than the usual consideration, as well as by the further reflection that as Executive nominations which meet the disapproval of the Senate on any groun Page 31 CONFEDERATE AUTHORITIES. 31 are always subject to rejection without assignment of reasons, experi- ence will show that no advantage cau arise from the Senates cur- tailing its own discretion in future cases by binding its own judgment in advance. JEFFERSON DAVIS. ATLANTA, January 15, 1864. lou. JAMES A. SEDDON: I am satisfied that I can raise a large and efficient force if the authority I have asked for to organize troops for the war from State Guard is granted. Rest assured it is the best policy. It is important that I receive an answer at once. hOWELL COBB, lllqjor- General. RICHMOND, January 15, 1864. His Excellency JEFFERSON DAVIS, President of the Gonfederate States, Richmond, Va.: SIR: We beg leave, in view of the condition of the military service, as connected with the organization of our Kentucky troops, to make some suggestions which may render those troops more effective. At present they are dispersed in small bodies with the different armies in the west and southwest. The terms for service for which they engaged are drawing to a close. There does not exist amongst them any desire to abandon the ~cause in which they so heartily embarked; but there does exist a strong wish amongst the infantry to change the character of their service. It is an opinion, founded upon all the facts within our reach, that great benefit would result to the country by organizing these troops in a State organization, and in mounting them as far as it can be done. The following would be some of the results of such an organization: First. It would gratify a natural desire existing among soldiers for a change, and would go far toward satisfying their craving to see their homes; for next to the enjoyment of their own firesides would be the satisfaction of a camp home amongst their own exiled people. Second. The concentration of the Keutuckians would be an induce- ment to call together at once from all parts of the Confederacy all stragglers and people from the State not yet attached to military organizations. It would also be an inducement held out to Southern men yet remaining in Kentucky to enlist in the organization. The benefits resulting from such a concentration would, in our opinion, far outweigh the temptations held out to indAviduals to leave the ranks. Third. The concentration of these troops in the vicinity of Ken- tucky in a position to act in concert with any general movement of our Western army would have a most beneficial result. We think by the opening of the spring campaign there could be assembled in East Tennessee, or such other position as may be deemed best, about 8,000 effective Kentuckians. Combining their movements with those of the main army, they could enter Kentucky. Most of them are veteran troops. Fighting as infantry, they would be numerous enough and sufficiently effective to drive before them any cavalry force likely to be sent against them. The result would be either that they woul Page 32 32 CORRESPONDENCE, ETC. occupy the center of the State, collect supplies, and gather strength and interrupt the enemys communications, or that heavy infantry detachments must be sent from the enemys main army to drive them from the State. In the latter event it will prove a legitimate military diversion, when a small detachment will be enabled to occupy the attention of a large force of the enemy, and to that extent lighten the task of the main army. Fourth. The political result of such an organization would be highly favorable. The hopes of the Southern sympathizers in the State still cling with great tenacity around the Kentucky organiza- tions. Dispersed as these organizations now are, their identity is almost lost. If assembled in one body they will be enabled to excite anew the hopes of our people, and we believe that the awakened interest of the men themselves and of the people in this organization would in the present political condition of Kentucky largely increase the strength of the force. Fifth. The results of such an organization would, in our opinion, be most effective if the public interest admitted of our being asso- ciated with this force; for it is probably not assuming too much to state that we may be enabled to combine in a great degree the military and political elements of the State which are favorable to the country. But while it is our own opinion that our services would be more effective with this than with any other organization which we can think of, we can but add that in this, as in all other matters con- nected with the defense of our country, we will cheerfully submit to any decision Which your Excellency may make in reference to a sub- ject which appeals so strongly to our sympathies and to our patriotism. We have the honor to be, very respectfully, Your Excellencys obedient servants, JOHN C. BRECKINRIDGE, lliliajor- General. S. B. BUCKNER, Major- General. JNO. H. MORGAN, Brigadier- General. JOS. TI. LEWIS, Brigadier- General. [First indorsenient.] JANUARY 16, 1864. Secretary of War for consideration and remarks. The proposition has two main features, viz, the assembling of the Kentucky troops into one corps, and the mounting of those troops when assembled. It .is also indicated that they should be sent to Kentucky. J. ID. [Second indorsement.] Respectfully returned to the President. I have had several conferences, as well with members from Ken- tucky as the generals signing this letter, on the subject presented. I find it difficult to reconcile with my convictions as to the interest of the service to convert all the troops from Kentucky into mounted men. The infantry brigade, though much reduced, is among the most reliable in the service, and for the hot work before our armies of utore value thai tlire~ times the uiuid~r ~t mounted men~ It xvQuid b Page 33 CONFEDERATE AUTHORITIES. 33 better, could reference be had to the general service alone, that two- thirds of the cavalry should be dismounted and converted into infan- try; but other considerations are urged earnestly, and among them, though presented with hesitancy and regret, is the conviction that without such concession to the feelings of the men desertion to a great extent is inevitable. This alone causes inc to doubt. Perhaps, without yielding the one point of mounting the men, the organization of the Kentuckians into one corps, with headquarters in common and with a favorite leader at their head, might suffice to arouse a State pride and give a prestige to the organization that might measurably satisfy and retain them in service. In conjunction with this, some latitude might be allowed the commander to allow temporary ex- changes of service to the different regiments. The hope should be held out to them, too, of returning to Kentucky, most speedily and permanently, by defeating the enemy before them. A partial raid would lose more than it gained in men. JAS. A. SEDDON, Secretary of War. [Third indorsement.] AIDE-DE-CAMP: Address letter to General Johnston, stating application and con- siderations offered, and request views on the question of assembling the Kentucky troops on border of Kentucky, and as another question the propriety of converting them into mounted troops. J. D. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, January 16, 1864. General HOWELL COBB, Atlanta, Ga. The matter is under consideration of the President. J. A. SEDDON, Secretary of War. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, Hon. JAMES A. SEDDON, Golumbia, January 16, 1864. Secretary of War: SIR: I am directed by His Excellency the Governor t~ request you to furnish him with a copy of your order declaring that soldiers appointed to military academies cannot be discharged. I have the honor to be, very respectfully, your obedient servant, B. F. ARTHUR, Private Secretary. CONFEDERATE STATES OF AMERICA, BUREAU OF CONSCRIPTION, Richmond, Va., January 16, 1864. Maj. J. C. JOHNSTON, Gommandant of Conscripts, Bristol, Tenn.: MAJOR: I am directed by the superintendent to write to you and say that he directs that you will forthwith remove your camp of 3 R RSERIES IV, VOL II Page 34 34 CORRESPONDENCE, ETC. instruction to some safe and convenient point in the neighborhood of Lieutenant-General Longstreets army. It is not advisable for you to select a station immediately within or contiguous to the lines. On reaching your station you will immediately proceed to active oper- ations in enrolling conscripts and arresting deserters. Until further orders you will have authority to enroll Tennessee and Kentucky conscripts. You will apply directly to Lieutenant-General Long- street for such supporting force as you may deem necessary, and report the same to this Bureau. You will also apply to General Long- street for the use of such officers as you may think needful as enroll- ing officers, asking him for their temporary assignment. Your requisitions will be filled as early as practicable. Very respectfully, your obedient servant, ThOMAS PINCKNEY, Acting Assistant Adjutant- General. CIRCULAR ) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No. 2. ) Richmond, Va., January 18, 1864. In addition to the copy of special orders detailing disabled officers and soldiers, furnished for the information of the Bureau, comman- dants will also forward to the Bureau a copy for reference to the com- manding officer of the command to which such officers or soldiers belong. From the omission to forward such copies additional labor is imposed on the Bureau, which its clerical force is insufficient to exe- cute and which properly belongs to the office from which the order is issued. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. (To Commandants of Conscripts.) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., January 18, 1864. His Excellency THOMAS H. WATTS, Governor of Alabama, llliontgomery, Ala.: SIR: Your letter of the 6th instant, earnestly requesting that Gov- ernment iron contractors in Alabama be authorized tosell to planters some of their iron to make and repair agricultural implements, was referred to the chief of the Niter and Mining Bureau for considera- tion and remarks. I have the honor to invite your attention to the following copy of his reply: The Government supplies in Alabama will permit the diversion of a consider- able quantity of cast iron for agricultural purposes, but very little rolled iron. The loss of the Tennessee rolling-mills and the virtual suspension of the Etowah mills have thrown all the requisitions from the Army of Tennessee for wagon- tire and horseshoe iron upon the two Alabama mills controlled by the Bureau. These requisitions can be met with great difficulty, and only by drawing largely upon the Navy. Major Hunt has been instructed to call upon the Governor of Alabama, explain the poverty of our resources, and to urge a concert action from the State authorities in starting additional rolling-mills. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War Page 35 CONFEDERATE AUTHORITIES. 35 [JANUARY 18, 1864.For Smith to Murrah, in regard to the organi- zation of a force for the protection of the Indian frontier of Texas, see Series I, Vol. XXXIV, Part II, p. 886.] AN ACT to provide for holding elections for Representatives in the Congress of the Confederate States from the State of Missouri. The Congress of the Confederate States of America do enact, That elections for Representatives in the Congress of the Confederate States for the State of Missouri may be held as follows, until the Legislature of said State shall otherwise direct: That each voter shall be allowed to vote one ticket, containing the name of one person for each one of the seven Congressional districts of said State, and the persons receiv- ing the highest nnmber of votes for the Representative districts, shall be commissioned as Representatives by the Governor of said State. SEC. 2. Such election shall be held upon the first Monday in May next, and upon the same day of each second year thereafter during the war. SEC. 3. Such elections shall be held by the officers authorized, or persons appointed or provided by the laws of said State for the pur- pose of holding snch elections, and shall be condncted according to the mode prescribed by the laws of said State, except so far as the same are modified by this act. SEC. 4. In snch elections, any citizen of the Confederate States who shall be qualified to vote for a member of the most numerous branch of the State Legislature of said State, shall be entitled to vote at the place or places in said State, at which he would be entitled to vote in an election for such member of said Legislature. SEC. 5. Bat in case such citizen shall he in the military service of the Confederate States, or in case he shall be driven from his home by the occupation of his country by the public enemy, or by the movements of the enemys troops, or in case the election cannot be held at the usual places of holding the same, by reason of such occu- pation or movements, then such citizen shall be allowed to vote at any place of voting in said State, or in the camps of the Army, as herein- after provided. SEC. 6. Such elections for Representatives, when held in the camps of the Army, shall be conducted as follows: In every army corps, division, or command, the colonel of each regiment, or other officer in command of any less body on detached service, shall appoint two judges and three clerks to open and hold such election who shall hold the same and make out the poll books and returns, under the same rules and regulations, as far as practicable, as if the same were opened and held at the usual places of holding the same in said State, and shall allow all persons entitled to vote therein. SEC. 7. The returns of such elections in camps shall be forwarded by the several commanding officers, appointing the judges and clerks as aforesaid, to the highest officer in grade, and the senior of the grade from said State, for which the same is held in the encampment or Army, in which the same is held, whose duty it shall be, at once, to forward the same to the Governor of the State, or the same may be, if more convenient, forwarded by such commanding officer directly to the Governor. SEC. 8. In case the exigencies of the public service prevent the holding of the elections in any camp under this act, at the time pro- vided by law, the same may be held at any time within ten days afte Page 36 36 CORRESPONDENCE, ETC. the preventing cause may cease; the time for holding the same to be fixed by the officer authorized to appoint the judges and clerks. SEC. 9. Such officer shall be authorized to administer the proper oaths to the judges and clerks, or they may administer the same to each other. SEC. 10. Every person concerned in holding such election shall take an oath to support the Constitution of the Confederate States, and to discharge his duty, in holding such election, faithfully and impar- tially. Approved January 19, 1864. CIRCULAR ) CONFEDERATE STATES OF AMERICA, BUREAU OF CONSCRIPTION, No. 3. ) Richmond, Va., January 19, 1864. In view of the great increase of special applications for exemption and the facilities with which signatures are obtained, it has become necessary to prescribe regulations for proceeding in such cases to pre- ~rent the allowance of exemption in cases specially presented and sup- ported by many signers, with some show of testimony, but without real merit. The officers of conscription will therefore be governed by the following instructions: I. Every application should be sworn to by the applicant and veri- fied by the affidavits of at least two respectable citizens who are per- sonally acquainted with the facts testified to by them. II. Applications so verified should be carefully, particularly, and vigilantly investigated by the local enrolling officers, and a report of the facts, with their opinion in approval or disapproval, forwarded through tIme proper official channel, with the application, to the coin- mandant. III. The investigation should not be confined to an examination of the papers alone, or into the truth of the statements therein made, but should be directed with a view of ascertaining all the facts and cir- cumstances of the case, and the exact condition of the parties with relation thereto, that an intelligent opinion on its merits may be formed. For this purpose inquiries should be instituted of persons unconnected with the application. The report should be somewhat in detail, setting forth seriatim the facts developed in tIme investigation, giving briefly the reasons for the opinion expressed, and instead of being put in the form of an indorsement will be m~1e on a separate sheet of paper. IV. In expressing his own opinion of approval the commandant will state whether he recommends permanent or temporary exemp- tion; and if temporary, for what length of time. V. No application will be considered unless investigated in accord- ance with these instructions. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, As8istant Adjutant- General. (To Commandants of Conscripts. Page 37 CONFEDERATE AUTHORITIES. 37 EXECUTIVE DEPARTMENT OF ALABAMA, Montgomery, January 19, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have seen Maj. J. J. Walker, acting commissary of subsist- ence for the State, and he has explained in a satisfactory manner what his agents in the different counties of the State are doing, and the object of the census of property being taken. While these com- plaints of the illegal conduct of agents were being made, a little explanation by sensible officers would have avoided all the difficulty. The impressment of private property is always odious and ought to be avoided whenever possible. It is a better policy for the Government to pay double price than to make impressments. If we fail to achieve our independence in this contest the failure will arise from breaking down the spirits of the people by acts of tyranny by our own officers. The impressment of property only aggravates the price and creates opposition to the Government and our cause. The practical oper- ation of the impressment system has been disastrous. So far as Major Walker himself is concerned, I should never fear anything from his acts that was wrong. He is a man of fine coin- mon sense and of high character, and he takes pains to perform the most onerous duties in such a manner as to retain the good will of all with whom he has to do, but many of the impressing officers care neither for God nor man. The object of this letter was simply to say that Major Walkers explanation was entirely satisfactory. Yery respectfully, T. II. WATTS, Governor of Alabama. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 19, 1864. R. S. MCCULLOH, Esq.: SIR: In granting you a passport to go beyond the limits of the Con- federate States, you are authorized, under an act to organize bodies for the capture and destruction of the enemys property by land and sea, approved 17th of February, 1864, to engage in the destruction of the enemys property on the high seas or the rivers, lakes, and har- bors in the United States or the Confederate States of A~,merinca, or on the territory of either or both of them. You will be governed, how- ever, by the laws of nations, destroying only army and navy supplies and such other property as may be directly serviceable to the enemy in waging war against the Confederate States of America. Passenger vessels will be exempt from injury at yonr hands. You are also authorized to instruct and organize outside the limits of the Con- federate States a company of men, not to exceed twenty in number, to act under your orders in the performance of the service in which you are hereby empowered to engage, taking strict care to observe the laws and rights of neutrals. You will forward a muster-roll of the company to this Department. Your services will be rendered without pay or other compensation than the percentage of loss or injury caused by you to the enemys property, to be awarded by the board of officers appointed for that purpose by this Department t Page 38 38 CORRESPONDENCE, ETC. convene in the city of Richmond, Va., the said compensation in no case to exceed 50 per centum of the loss or injury inflicted. Respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. RICHMOND, January 21, 1864. Governor Z. B. VANCE, Raleigh, N. C.: SIR: I am informed that the authorities of the State of North Caro- lina hold a large quantity of woolen goods, partly imported, beyond what can possibly be needed for some time to come to meet the wants of the troops from that State. As all the manufacturing resources of the State have been devoted to the service of the soldiers therefrom, and the State besides has enjoyed, through its enterprise, unusual facilities for drawing supplies from abroad, it occurs to me that there may be on hand an excess of other necessary articles, such as shoes and blankets, that can be spared for awhile to aid the service at large during the stress of the winter months. At all events, I venture to bring the matter to your attention, confident that your public spirit will lead you to do whatever you can to aid the troops of the Confederacy. Just at this time we are greatly in want of woolen goods and cloth (heavy) of any description and blankets; shoes, too, would be accept- able. The recent heavy losses experienced by this department in connection with the blockade has restricted somewhat its resources, and if you can advance for awhile any of the supplies referred to they will be acceptable, and I will come under an obligation to return the same early in the spring, when the pressure now upon me shall in part have passed by. A. R. LAWTON, Quartermaster-General. HDQRS. DEPT. OF SOUTH CAROLINA, GEORGIA, AND FLA., Charleston, S. U, January 21, 1864. General A. C. GARLINGTON, Adjt. and Insp. Gen., State of South Carolina, Columbia, S. U: GENERAL: The letter of His Excellency Governor Bonham, of the 19th instant,* to the commanding general, now at Savannah, com- municating a copy of his letter of the 17th ultiino ~ to the War Department, has been received and I deem it in place to acquaint you with the position of these headquarters in the absence of any orders from superior authority in the premises. The troops in question having been called out for six months serv- ice, it is construed, are in that service from the time they assembled at their homes and quit their usual private avocations for military duty. It is presumed the War Department supposed they would be called out on the 1st day of August, and hence specified that day as the beginning of their term of enrollment. As you are aware, how- ever, the call from these headquarters was not issued for a month later, because it had been urged on the commanding general as of the utmost importance that the~e men should not be withdrawn from the * Not found. I See Vol. II, this series, p. 1058 Page 39 CONFEDERATE AUTHORITIES. 39 agricultural districts until they had secured their harvests, and he was induced in that way to postpone the call to the last possible moment, leaving the men meantime at their homes, engaged on their farms, or other occupations from which they had only been detached, as is understood, one day to organize and elect company officers early in July and another subsequently, 31st July, to elect field officers. In view of these facts the commanding general has not felt author- ized to discharge these troops until he shall be officially apprised of the views of the War Department, for which he asked on the 12th of December, 1863. Especially does he not feel warranted to act without orders, siiice he was expressly notified by telegraph from the Adjutant and Inspector General on the 5th of October, 1863, that he had no right to dis- charge the six-months regiments * * * without authority from that office. Be assured these headquarters have every wish to discharge these troops whensoever it may be authoritatively done, and it is hoped orders of the War Department will soon be made known. The Governor does not say in his letter that he has received an answer to his to the Honorable Secretary of War, but it is presumed he has not from the context of his communication to the commanding general. Respectfully, your obedient servant, THOMAS JORDAN, Chief of Staff. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 21, 1884. His Excellency M. L. BONHAM, Governor of South Carolina, E~olumbia, S. C.: SIR: I have received your letter of the l6th instant requesting me to furnish you with a copy of my order declaring that soldiers appointed to military academies cannot be discharged. In reply I have the honor to say that the Department has uniformly declined to grant discharges in such cases, on the ground that the best school of instruction, as well as the most honorable service, is now in the field. I am very reluctant to deprive the youth of the country of the opportunity of mental improvement, but all consider- ations of private advantage must now yield to the paramount duty of defending the country. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. AN ACT appropriating one hundred thousand dollars for the use and benefit of the Cherokee Nation. Whereas, by the forty-fifth article of the treaty between the Con- federate States of America and the Cherokee Nation, the said Con- federate States promised to collect and pay over to the Cherokee Nation the annual interest upon the several sums of money invested by said nation in stocks of certain States of the Confederate States; and whereas, by reason of the war with the United States, it is impracticable to make such collection; and whereas, there is goo Page 40 40 CORRESPONDENCE, ETC. reason to believe that the citizens of said nation are greatly in need of the money thns dne them: Therefore, The Congress of the Confederate States of America do enact, Thai~ the snm of one hnndred thonsand dollars be, and the same is hereby, appropriated ont of any money in the Treasnry, not otherwise appropriated, for the nse and benefit of the Cherokee Nation. SEc. 2. The said snm of money shall be forwarded without delay by the Bnrean of Indian Affairs to the proper representatives of the Cherokee Nation. SEc. 3. It is hereby expressly nnderstood that said one hnnd red thonsand dollars is to be retnrned by the said Cherokee Nation when peace shall be ratified between the United and Confederate States, or that the said Confederate States shall be reimbursed out of the interest on said stocks which may then be due and collected. Approved Jannary 22, 1864. JANUARY 22, 1864. lIon. JAMES A. SEDDON, Secretary of War: SIR: I have received from Col. W. I-I. Stevens, chief of constrnction T)epartment of Northern Virginia, an estimate of $500,000 as reqnired to meet the jnst claims presented, or to be presented hereafter, for the loss of slaves who have been impressed in the State of Virginia,. and have escaped to the enemy or have died whilst engaged in labor on the Richmond defenses or from diseases contracted whilst thus employed. This estimate is based on an average valuation of $2,000 for each slave thus escaped or deceased. A consideration of the losses sustained in other portions of this State, especially in the Peninsula earlier in the war, gives the sum of $708,000 as the entire estimate for the State of Virginia. Reasoning by analogy, for want of absolute data, and extending the calculation to the other States of the Confederacy, in all of which heavy losses have been sustained among the negroes impressed for labor on the defenses, the Bureau has arrived at the sum of $3,108,000 as the minimum probably required to meet this class of expenditures. I have therefore the honor to submit an estimate of $3,108,000, and to ask an appropriation of this amount for the purpose indicated. Very respectfully, your obedient servant, A. L. RIVES, Lieutenant- Colonel, & c. [JANUARY 22, 1864.For Murrah to Magruder, in relation to reor- ganization of Texas troops, see $eries I, Vol. XXXIV, Part II, ~ 905.] GENERAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 7. Richmond, January 28, 1864. I. Paragraph IV, General Orders, No. 3, current series, is hereby revoked. II. Enrolling officers will proceed as rapidly as practicable in the enrollment of all persons made liable to military service. Previous to enrollment as conscripts all such persons will be allowed to volun- teer: Provided 1. The company selected was in service on the 16th of April, 1862 Page 41 CONFEDERATE AUTHORITIES. 41 2. The company selected is at the time of volunteering below the m i nimumn flu mber prescribed by regulations. 3 No person made liable to service under this order will be per- initted to join or will be assigned to aiiy company which has more than sixty-four privates on the roll until all the .companies in the service from the State of which the volunteer or conscript is a resi- dent shall have the minimum number prescribed by regulations. 4. Upon the company being selected, the volunteer will receive from the enrolling officer a certificate to the effect that he has so volumiteered, and no volunteer will be received in any compamiy except on such certificate. III. Persons who fail to make selection according to the provisions of this order, and at the time of enlistment, will be assigned accord- ing to existing regulations. IV. All officers in command of companies authorized under this order to receive conscripts or volunteers will forthwith send to the commandant of conscripts of the State accurate certified rolls of their companies, and without such roll, showing that they do not exceed sixty-four privates, there will not be assigned any conscript or volunteer. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 24, 1864. WYNDHAM ROBERTSON, Esq., - Chairman Committee on Confederate Relations, House of Delegates of Virginia: SIR: I regret that other more pressing engagements have prevented me from sooner acknowledging your communication of the 13th instant relative to the forced withdrawal of able-bodied male slaves from localities within the lines of the enemy or exposed to their inroads. The aims which were contemplated in the proposition here- tofore made by me to obtain the sanction of the Legislature of Vir- ginia to such removal were chiefly two: First, to save such slaves to the owners and prevent the abstraction of so much productive and valuable labor from the Commonwealth; and secondly, to prevent their being seduced or compelled by the enemy to recruit his armies and increase the resources employed by them in the atrocious warfare waged against us. In reference to the first of these ends, I am free to admit that infor- mnation gathered by me from inquiries made amid manifestations of sentiment in different exposed localities lead mne to concur in the opinion you express as to the repugnance and apprehension enter- tained by owners of the effect of such proceedings upon their slave property. They should be able to form the best judgment as to the means of preserving their property, and the Department is disposed to defer to their judgment and relinquish all idea of acting with a view to the preservation of the slaves to their owners or the Common- wealth. In the second point it is evident that the contingencies may occur which would render it an imperative military duty on the part of the ~I4overnment to remove, as far as its power allowed, able-bodied men who were about to be, and without such action would certainly be, placed in the Army of the enemy. Heretofore the enemy have used mainly seduction, and, except in very liniited localities amid thos Page 42 42 CORRESPONDENCE, ETC. entirely within their power, have not, so far as known, drafted or forced slaves into military service. Such course has, however, been threatened, and may at any time be adopted and enforced as their settled rule of action. In such event it is presumed no objection could or would be entertained by those now most reluctant to the removal of the able-bodied male slaves. I may say, however, to remove apprehensions on the part of owners, that no present necessity of the kind is known to exist, and that in deference to the wishes and judg- ment entertained by the owners, as well as by the members of the State Legislature whose opinions have been declared, great reluctance will be felt in resorting to removal, and that it will be only done under such plain necessity as it is hoped will reconcile it to the judg- ment and interest of all. In such event, too, if circumstances allow, previous notice will be given, ~o as to afford the option to owners to remove all the slave families. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Vct., January 26, 1864. General HOWELL COBB, Atlanta, Ga.: Congress has not yet acted. It is not thought expedient to organize new companies, but to retain all of conscript age to fill up the old. J. A. SEDDON, Secretary of War. CIRCULAR BUREAU OF CONSCRIPTION, No. 4. Richmond, January 25, 1864. The attention of commandants is especially directed to General Orders, No. 7, Adjutant and Inspector Generals Office, current series, herein set forth for their information. * Early anil vigorous action will be enjoined on the enrolling officers, each one of whom should be furnished with a copy of the order with- out delay. To insure the publicity of the order there should be sev- eral insertions in the newspapers of general circulation. II. Persons presenting applications for special exemption with any show of merit will not be molested until action is taken by this Bureau. These cases will be investigated in accordance with Circular No. 3, current series, with the least delay practicable. By order of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. (To Commandants of Conscripts.) STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, January 26, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: DEAR SIR: To obviate any further difficulty in regard to carrying out cotton by the Collie Line of steamers, the agent of the owners pro- *5cc p.40 Page 43 CONFEDERATE AUTHORITIES. 43 poses to sell an interest to the Confederacy in those steamers of one- fourth, which would give one-half of the cotton for the Confederacy and this State. I hope you will accept this proposition. Very respectfnlly, Z. B. VANCE. HEADQUARTERS ARMY OF NORTHERN VIRGINIA, General S. COOPER, C. S. Army, January 25, 1864. Adjutant and Inspector General, Richmond, Va.: GENERAL: Agreeably to your request I give to you my reasons for believing that the establishment of a bureau of inspection under your department would prove infinitely beneficial to the Government. Outcries prevail over the whole country against the extravagances and abnses committed by the Government officers and agents in all of the departments of the Army, in and ont of the field. Much alleged is doubtlessly true, although in many instances exaggerated, and many, beyond doubt, originate in ignorance of their duties on the part of agents and of their rights on the part of the injured. It unfor- tunately too often happens that persons falsely assuming the charac- ter of Government agents impress, and between such imposition and the rightful exactions of authorized agents, made, however, in too many instances in an arbitrary and arrogant manner by those who do not duly appreciate the relations between themselves and those with whom they are dealing, a spirit of dissatisfaction is being aroused against the Government, almost amounting to disaffection, which, unless remedied, may lead to disastrous consequences. The Govern- ment, ignorant of these facts, receives all the odium of sanctioning them, and, although whenever reported, it strives to correct the iso- lated cases brought to its notice, it effects nothing toward removing the spirit of general complaint, because such corrections are not gener- ally known. The evils complained of are apparent to all in the vicin- ity of all the towns, depots, and entrep6ts scattered over the country and are publicly commented upon, but there being no particular per- son or department charged with correcting these evils, though all admit the importance of correction, no one is disposed to assume the responsibility of bringing them to the notice of the Government. The means for receiving such information and to enable the Gov- ernment to apply correction would be in the organization of the bureau of inspection, which might readily be done under lihat of the Adjutant and Inspector Generals Department. The benefits to be derived from such a bureau are incalculable. The strength and organization of our armies are obtained through the monthly and field returns, but nothing is known respecting their condition in the way of armament, discipline, instruction, and all interior arrange- ments which promote their efficiency and reliability. This is secured in this army by the tn-monthly reports received from inspectors belonging to the different organizations from the brigades up to corps. Through the system in this army officers are held to a strict observ- ance of all orders emanating from all the headquarters up to those from the War Department. All deficiencies in drill, discipline, mili- itary instruction, arms, accouterments, transportation, and, in a word, in any of the requisites for securing efficiency in the different arms of service, are brought through these reports to the notice of the com- manding general. In additioii to this the examination of the account Page 44 44 CORRESPONDENCE, ETC. of officers of all the different departments are made, the observance of property accountability is exacted, the loss or destruction of arms, & c., charged as circumstances require to officers or men, and of all other public property misappropriated, leading through the instru- mentality of inspectors to an observance of property accountability in officers and men which has saved thousands of arms to the Gov- ernment, vast sums to the Treasury in the greater care secured to all kinds of public property, and at the same time has greatly improved the discipline and efficiency of the army. There are very few cases of fraud which have occurred in this army, and wherever occurring have been promptly brought before a court-martial. With inspections impending over them at all times, in so far as their accounts go, there has been for twelve mouths past a most commendable observance of regulations in the rendition of accounts, considering all the difficulties under which this army has labored. Inspectors look to the preservation of private property in the vicinity of camps, and where damages are committed, to prompt indemnity to the injured and punishment of offenders whilst sta- tionary, and on the march prevent straggling and the depredations consequent upon such irregularities. These are some of the numer- ous duties required from and performed by the army insp~ctors, making them, where efficient, the most important officers we have. Extend a system which has so manifestly improved the army through- out the Confederacy, and what would be the probable results? Doubt- less the measurable, if not entire, correction of the abuses already mentioned with a large increase of the effective force in our ranks. At almost every town, depot, and entrep6t are to be found a number of staff officers with their retinues of detailed or exempted men, drawing commutation of fuel and quarters and purchasing supplies of the Government for themselves and families, entailing enormous expenditures upon the Treasury, and depriving our armies of supplies greatly needed. The first, in many instances, as superfluous, could be sent to the ranks, and the latter, substituted by partially disabled men, might be remanded to their companies. There are also many able-bodied, stout, healthy men nominally employed about the hospi- tals and by conscript, tax, and other bureaus scattered over the country, who should and would be forwarded to their companies. It is unnecessary to proceed further in the enumeration of benefits to be derived from a system whose usefulness has been recognized and adopted by every other government, it is believed, but our own, and I am satisfied that in addition to the greatly increas~d efficiency which it would have secured in all departments, millions would have been saved to the Government in the more strict observance of property accountability, which it would have brought about in every branch of the service. This result can yet be obtained in the future by the establishment of such a bureau, if organized. In addition to the officers in charge of the bureau there should be ten officers (colonels) of intelligence, energy, and perfect reliability to perform inspecting duties; the Confederacy to be divided into the same number of dis- tricts, which should be inspected successively by these officers; no officer inspecting the same district twice in succession, or, preferably, not until he had passed over all the other districts. By this means, in making their reports, which should be secret and only to be com- municated to parties interested as the discretion of the Secretary of War might determine, inspectors would be particularly cautious in stating facts, and act unbiased by prejmmdice or partiality, knowin Page 45 CO~4FEDERATE AUTHORITIES. 45 that his reports would be compared with those of the officers preced- ing and succeeding him, whereby inaccuracies or favoritism would be exposed. In all cases where abuses were observed, requiring immediate cor- rections, special reports could be made, to be submitted for the action of the War Department. A manual prescribing the general duties of such officers can readily be drawn off, questions arising under special cases to be submitted for decision by the departments. The rank of these officers should miot be less than that of colonel, as such is the grade held in some of the corps already, and it is necessary in inspect- ing tried and veteran troops, which would be required in passing over most of the districts, that the inspector should have that character and rank which would secure attention and deference to his wishes and respect for his office. Through their means the Government could keep itself advised of the condition of all of its forces; the capabili- ties of the different officers, both of those holding high commands and of those of lower grades giving promise of future ability, from whom to select for promotion; the relative efficiency of different organizations; the confidence of the troops in their commanders; the general spirit among the troops, and the military and political aspect discovered in different districts, with the resources in the way of sup- plies to be obtained from each. I submit the foregoing views as suggestive, not doubting, general, that your own great experience and knowledge will determine upon sonic plan which may lead to the results desired. I am, very respectfully, your obedient servant, R. H. CHILTON, Asst. Adjt. and Insp. Gen., Army of Northern Virginia. [JANUARY 25, 1864.For Lee to Seddon, in relation to the effect of authorizing individuals to raise companies of artillery aiid cavalry, see Series I, Vol. XXXIII, p. 1120.] EXECUTIVE DEPARTMENT, Hon. JAMES A. SEDDON, Tallahassee, January 26, 1864. Secretary of War, Richmond, Va.: SIR: Permit me to introduce to your acquaintance Capt. . W. Gwynn, of the Fifth Florida Battalion. In your letter of the 29th of October, 11863, in reply to one from me of the 22d, you promised that orders will also be given relative to the supply of arms for the service in Florida. Previously upon applica- tion by me for 3,000 stand of arms, 2,000 Austrian rifles were sent to Columbus, but they were without wipers and were comparatively useless. These rifles were at Columbus subject to the order of the general commanding the district, but I do not know how they were generally disposed of. We have much reason to apprehend raids from the enemy, and it is very important that the troops on whose service the State is dependent for defense should be armed and pre- pared to make it. I request therefore respectfully that the applica- tion for arms by Major Scott, who commands the Fifth Florida Bat- talion, may be promptly granted. I would also respectfully invit Page 46 46 CORRESPONDENCE, ETC. your attention to the copies of letters received by me relative to the impressment of much cows and calves by the commissary agents. One is from the Rev. John R. Richards, from West Florida; the other from a judge of probate in South Florida. The effect of the impress- ments made in West Florida was the desertion of a large number of the troops in that part of the State, a portion of whom have joined the enemy. From one company, which was considered the best drilled and most reliable company in West Florida, fifty-two men deserted with their arms, some of whom were known to be brave men, who, indignant at the heartless treatment of the rights of citizens, have joined the enemy. I respectfully urge that orders should be immedi- ately issued to conscript and place in military service every impress- ing agent not in military service, and who if not connected with the Quartermaster or Commissary Department, would be subject to con- scription; also that orders shall be issued forbidding interference with cows and calves, or stock not fit for beef, by the officers of the Confederate Government. The citizens of Florida in many parts of the State are indignant at the unnecessary abuse of their rights; and I have reason to know that the lawless and wicked conduct of Gov- ernment agents in this State have produced serious dissatisfaction among the troops from this State in Northwest Georgia and in Vir- ginia, and unless the evils complained of shall be promptly remedied the worsf results may reasonably be apprehended. I have the honor to be, respectfully, JOHN MILTON, Governor of Florida. [First indorsement.] Ordnance Bureau for attention to passage about arms, & c. J. A. S., Secretary. [Second iodorsernent.~] ORDNANCE BUREAU, February 6, 1864. Noted and forwarded to the Quartermaster-General. [J. G.] [Third indorsement.] To COMMISSARY-GENERAL: About impressing officers, taking much cows, & ~. J. A. S., Secretary. [Fourth indorsemout.] OFFICE COMMISSARY-GENERAL OF SUBSISTENCE, Richmond, Va., February 8, 1864. Respectfully returned to Honorable Secretary of War. Maj. P. W. White, chief commissary of subsistence, Florida, has been called on to investigate the allegations against the purchasing officer amid agents of the Bureau, and to take immediate steps to remedy the evils if found to exist. L. B. NORTHROP, Commissary- General. * See also Gorgas to Secretary of War, p. 83 Page 47 CONFEDERATE AUTHOR[TIES. 47 [Inclosure No. 1.] CALHOUN COUNTY, FLA., December 20, 1863. Right Hon. JOHN MILTON, Governor of Florida: M~ DEAR FRIEND: After my best respects to you as my friend and chief justice of the State of Florida, I avail myself of this oppor- tunity of writing to you a few lines to ascertain if it is law for these pressmen to take the cows from the soldiers families and leave them to starve. Colonel Coker has just left my house with a drove for Marianna of about 200 or 300 head. Some of my neighbors went after him and begged him to give them their milch cows, which he, Mr. Coker, refused to do, and took them on. And now, my dear Gov- ernor, I assure you, on the honor of a gentleman, that to my knowl- edge there are soldiers families in my neighborhood that the last head of cattle have been taken from them and drove off, and unless this pressing of cows is stopped speedily there wont be a cow left in Cal- houn County. I know of several soldiers families in this county that havent had one grain of corn in the last three weeks, nor any likeli- hood of their getting any in the next three months; their few cows taken away and they left to starve; their husbands slain on the battle- field at Chattanooga. This is a true state of things in my county; I vouch for them as an honest man. Now, if this is law I should be glad to know it, so I could know how to act by the law, for I have had a different notion of the law; and as a sound man, I think this press- ing of all the cattle will have a bad end, in my judgment, and I am not all that think so. I think if it could be stopped it would have a good effect on this part of the community. I should be obliged to you if you feel a freedom to write me on this subject soon, as I look upon procrastination as the great thief of time. I remain, your obedient servant, JOHN R. RICHARDS. [Inclosure No. 2.] BROOKSVILLE, HERNANDO COUNTY, FLA., January 12, 1864. His Excellency JOHN MILTON, Governor of Florida, Tallahassee, Fla.: SIR: At a meeting of the Board of County Commissioners of this county on the 9th instant, for the purpose of considering the necessi- ties and means of supplying the indigent families of soldiers in this county, it was ascertained that the supply of corn within the limits of the county is nearly exhausted, and that there can be very little or no corn purchased anywhere between here and Gainesville; whether from actual scarcity or an indisposition to sell I dont know, but it is gen- erally supposed it is from the latter cause. On the suggestion of General J. M. Taylor, who said that he had heard Your Excellency say that corn would be sent down to Archer from Middle Florida for soldiers families if it became necessary for the support of those families, I was verbally instructed by the Board of Commissioners to communicate their necessities to Your Excellency, and ask if 1,000 bushels of corn could be had in that way, in the event that we cannot procure it otherwise.~ Their situation will be deplorable in the extreme if corn cannot be had beyond the limits of the county, as in conse- quence of a bad crop season the past year there was not more than one-third of an average crop raised in the county Page 48 48 CORRESPONDENCE, ETC. Another matter which I would direct the attention of Your Excel- lency to is the fact that the cattle drivers under the orders of Captain McKay, commissary of this department, have stripped the county of every beef steer that they can find, from two years old and upward, and are now taking the cows, many of which have been known to have calves, in less than fifteen miles drive. This is cutting off the only supply of meat we had for soldiers families, as the supply of pork from various causesmainly for want of corn to fatten itis unusually shortso much so that the most fortunate of us will be on less thami half allowance. Whatever the exigencies of the case may be, I consider it an outrage upon a conimunity having in their midst as mammy suffering families as we have to take the cows, the only dependence for milk and beef for the future. In many cases the cows of poor families of soldiers in the Army are taken, as I have been informed. Does the order to those commissaries authorize them to take the ,milch cows from the people against their will or consent? If so, the country is certainly ruined and a general famine will be the result. Already the soldiers families are becoming clamorous for meat and are killing peoples cows wherever they can get hold of them. It does seem to me that this wholesale taking the beef-cattle and milch cows of the country should be stopped, for by taking the cows it cer- tainly cuts off the means of any future supply of beef, saying nothing of cutting off the supply of milk. If we have arrived at that point where it has become actually necessary to impress all the cows in the country, which are so necessary to the support of any country, then I say, God help us, for starvation must be inevitable. Will Your Excellency do us the favor to write me in aiiswer to these several points? With great respect, I have the honor to l)e, Your Excellencys obe- dient servant, P. G. WALL, Judge of Probate. PRIVATE.] hEADQUARTERS GEORGIA STATE GUARD, Atlanta, January 26, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: Mv DEAR SIR: I have just received your dispatch refusing my application to organize troops for the war from the members of the State Guard. I took the liberty of respondimig by~ telegraph and beg to address you again on the subject. I have no earthly interest in the question save as it affects the public interest. I beg you, therefore, to bear with me. What I say is based upon my personal experience and knowledge. I have opportunities of knowing the feeling on this subject which you have not at Richmond, and though my earnest counsel may not be heeded, pardon, I beg of you, one more intrusion upon your time. I regard this decision as disastrous in its conse- quences. In Georgia it will make a difference of more than 2,000 men in the Army, and the same will likewise occur in other States. I am not sure that we have not lost that number already, even if the authority should now be granted. Besides, you are putting into your old organizations an element which will produce the worst state of feeling through the ranks, and fill your Army with strife, jealousy, and heartburning. I amn sure you do not appreciate the character of the muen who have employed substitutes; whilst there are many who wer Page 49 CONFEDERATE AUTHORITIES. 49 seeking to avoid duty (and these will dodge you by leaving the coun- try and other ways) there were large iiumbers who were as brave and patriotic as any who went into service. Let me mention one class of cases, by no means unusual, where there were several members of a family, all willing to go, but agreed among themselves that one should remain to attend to the business of all. Those who went have fallen in battle or linger in hospitals. Another class, whose large business demanded their attention at home, and who have contributed largely, liberally; and profusely to the sup- port of the Army and soldiers families by selling their produce at the lowest prices, and so on, and so on. I tell you that the wholesale denunciation of men who employed substitutes is wrong and unjust. I fully agree that the law ought to be repealed, and these men ought now to be brought into the service, but I do insist, not only omi their own accounts, but for the good of the service, they ought not to be forced into the ranks of the old organizations. In the case of the Georgia State Guard, all the men promptly responded to the call of the Governor, and have made as good amid uncomplaining soldiers as any in the field. I seriously fear the consequences of this policy in Georgia. The very men who were eager and enthusiastic to form themselves into new companies for the war are now arranging to test the question before the courts, and will resort to every method to defeat what they regard as a harsh and unjust rule upon them. They dread the jeers and sneers which they must encoumiter from the Army more than they do the bullets of the Yankees, and their pride revolts at the idea of being forced into the ranks under men their inferiors in every respect, save in the length of service and expe- rience in the field. Whether you respect this feeling or not, the question cannot be avoided, of the effect upon the strength and efficiency of the Army. You not only want soldiers, but you want them cheerful, content, and satisfied. It may even now be too late, but still better now than not at all. Your friend, HOWELL COBB. [Indorsement.] FEBRUARY 1, 1864. Respectfully submitted to the President for his consideration. I do not concur in General Cobbs views, but respect for his judg- inent induces me to submit his letter. J. A. SEDDON Secretary of I~Var. RICHMOND, January 27, 1864. THE SENATE: I submit to the Senate herewith the nomination of A. R. Lawton, of Georgia, to be Quartermaster-General, with the rank of brigadier- general, to take rank from the 13th day of April, 1861, and deem it proper to communicate the reasons which induce this course. On the passage of the act of the 20th of March last, entitled An act to amend an act for the establishment and organization of the general staff for the Army of the Confederate States of America, inquiry was made to aid in the selection of the most competent person then made 4 H RSERIE5 IV, VOL II Page 50 50 CORRESPONDENCE, ETC. eligible, and the office of Quartermaster-General was tendered to Gen- eral Lawton, who was averse to accepting it if it involved a nomination and new appointment, for the reasons that it withdrew him from serv- ice in the field, interfered with his chances for promotion, and that, as he was then the oldest brigadier in the service, he would, by accept- ance of a new commission, be deprived of his relative rank as compared with other brigadiers. There were two other officers recom- mended to me as specially fitted to discharge the duties of Quarter- master-General, who could be spared from service in the field, and they were both major-generals and could not therefore be expected to accept a lower grade in the staff than that which they held in the line. The name of the officer then performing the duties of Quarterinas- ter-General was also presented to me with recommendations entitled to carry great respect, but my own observation of the manner in which those duties had been discharged had previously satisfied me that the public interests required an officer of greater ability and one better qualified to meet the pressing emergencies of the service during the war. On examination of the law above referred to, its language, although not free from doubt, was held, after consultaticn and advice, to jus- tify the conclusion that the intention of Congress would be fulfilled by assigning to the performance of the duties of Quartermaster-General an officer already confirmed as brigadier-general in the Provisional Army, without again submitting his nomination to the Senate. The grounds for this conclusion were that the eighth section of the act of 6th of March, 1861, organizing the Regular Army, expressly authorized the Executive to assign the brigadier-generals to any duties he might specially direct, and when the five brigadier-generals were raised to the rank of generals by the act of 16th of May, 1861, the President was again empowered to assign them to such commands and duties as he might specially direct. As it had, therefore, been permitted by Congress that any one of the generals of the Regular Army might be assigned to staff or any other duty at Executive dis- cretion, it seemed a fair inference that when by the law of last session provision was made that the rank, pay, and allowances of Quarter- master-General should be those of a brigadier in the Provisional Army the will of the Legislature was as well fulfilled by assigning to the duties of that office one who was already a brigadier-general of the Provisional Army as by nominating a new officer. This view of the question was fortified by the fact that the law last referred to did not create an office, but only provided that during the war the officer discharging the duties of Quartermaster-General should have the rank of brigadier-general, and by the further fact that the original act of 26th of February, 1861, for the establish- ment and organization of the general staff, contained a provision still in force, that officers of the Quartermaster-General and other staff departments might by order of the President be assigned to the com- mand of troops, according to their rank in the Army, thus indicating that positions in the quartermasters and other staff departments were not distinct offices, but were posts of duty to which officers of the Army were appointed, and from which they might be withdrawn and assigned to othei duties at Executive discretion. This is a provision of our law that did not exist in the former service of the United States, in which when an officer of the Army entered the Quarter- masters Department he surrendered his commission in the line and his right to command troops Page 51 CONFEDERATE AUTHORITIES. 51 I am advised, however, that such is not the construction given to the law by many Senators, and I so far conform to their views as to give the Senate an opportunity to advise the Executive in relation to the appointment of this officer. This statement was also necessary in explanation of the proposal that General Lawtons rank should date from the 13th of April, 1861, that being the date of his present commission of brigadier-general in the Provisional Army. Since the foregoing message was written I observe by the pub- lished proceedings of the Senate that it has adopted the following resolutions: Resolved, That, in the opinion of the Senate, A. C. Myers is now Quartermaster- General of the C. S. Army, and is by law authorized and required to discharge the duties thereof. Resolved, That A. R. Lawton is not authorized by law to discharge the duties of said office. Refraining from any further remark on these resolutions than the expression of my conviction that they are not sustained by the Con- stitution or the law, their passage enforces the propriety of submit- ting to you the nomination which accompanies this message. JEFFERSON DAVIS. [JANUARY 27, 1864.For Vance to Davis, requesting permission to publish correspondence between them on subject of peace negotia- tions with the enemy, and Davis reply (30th), see Series I, Vol. LI, Part II, p. 814.] STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, ~iJolumbia, January 27, 1864. Hon. JAMES A. SEDDON, Secretary of IYar: SIR: I had the honor on the 19th day of December last to inclose you and request your attention to a resolution of the Legislature as to the Government foregoing the right heretofore exercised of ship- ping cotton and bringing freight on the boats of the Importing and Exporting Company of South Carolina in consequence of the owner- ship of the State of a part of these boats. The resolution seems to explain itself. I have not yet received a reply. I inclose copies both of the act on the subject and the resolution, * and ask leave to introduce to your acquaintance Mr. Charles M. Furman, president of the bank of the State, who will present to you the views of the Legis- lature in passing the act and resolution, as well as my own, as to the importance to the Confederate Government and the State of the pro- posed relinquishment. He is fully authorized to act in the premises. It will be my object to import mainly army supplies and agricultural implementsthe former to relieve as far as practicable the Confeder- ate Government and keep the troops from this State well equipped for service, and the latter to keep the citizens supplied with the imple- ments for raising subsistence for themselves and the troops in the field. Very respectfully, your obedient servant, M. L. BONHAM. * Copy of act not found. For the resolution, see Vol. II, this series, p. 1060 Page 52 52 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 28, 1864. The PRESIDENT OF THE CONFEDERATE STATES: SIR: I have received the following resolution of the House of Rep- resentatives, referred by Your Excellency to this Department: Resolved, That the President be requested to inform this House whether authority has been granted by the War Department to any person or persons to raise new companies, battalions, or regiments of troops since September 27, 1862, in portions of the country in which the conscript law has not been suspended by the President; and further, if such authority has been granted, to whom and in how many instances it has been granted, and how many companies, battalions, or regiments have been raised under such authority. In response I have the honor to transmit herewith a letter from the Adjutant-General, stating that the records of his office do not show any authority granted to raise troops of conscript age except in locali- ties where the operation of the conscript law has been suspended, or from the control of the enemy it cannot be enforced. All special authorities to raise troops have been issued through the office of the Adjutant-General. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. [Juclosure.] CONFEDERATE STATES OF AMERICA, WAR DEPT., ADJUTANT AND INSPECTOR GENERALS OFFICE, Richmond, January 28, 1864. The Honorable SECRETARY OF WAR: SIR: In response to the resolution of the I-louse of Representatives of the 12th instant, requesting to be informed whether authority has been granted by the War Department to any person or persons to raise new companies, battalions, or regiments of troops since Septem- ber 27, 1862, in portions of the country in which the conscript law has not been suspended by the President, I have the honor to inform you that the records of this office do not contain any authority to raise troops of conscript age except in localities where the operation of the conscript law has been suspended. I have the honor to be, very respectfully, your obedient servant, S. COOPER, Adjutant and Inspector General. POST-OFFICE DEPARTMENT, Richmond, January 28, 1864. Hon. JAMES A. SEDDON, Secretary of War: On the 19th of October last I addressed you a letter, inclosing a copy of a circular from Lieut. Col. G. W. Lay, acting chief of the Bureau of Conscription, in which I objected to the order as unlawful, and in support of my objection I inclosed you a copy of the opinion of Judge ilalyburton, of the Confederate district court, in the case ex parte Lane. To this letter you made no answer. On the 17th of November last I addressed you another letter, inclosing a copy of a letter from the Hon. Waller R. Staples to this Department, and a copy of a letter from sundry other persons to him, presenting a case of gross violation of the law and contempt of th Page 53 CONFEDERATE AUTHORITIES. 53 decision of a court of the State of Virginia in two eases in which persons were arrested and put into the military service, after having been released from such service on writs of habeas corpus, and call- ing your attention to the fact that I had received no answer to my letter above referred to of the 19th of October. To this letter I have received no answer. And on the 7th of January instant I wrote to you again, inclosing a copy of a letter from the postmaster at Ivor, Va., complaining of the rude and unlawful conduct of a Captain Green in unceremoni- ously turning him out of the post-office and using it as a dancing- saloon and as a store-house for forage, and calling your attention to the fact that you had not answered my letters of the 19th of October and 17th of November, and asking an answer to that. I have received no answer to this. The necessities of the public service require frequent correspond- ence between the Post-Office and War Departments. As your course in these cases precludes any further communication between us, with- out a surrender of self-respect and the rights of this Department by me, I have no course left but to submit the matter to the President. Your obedient servant, JOhN H. REAGAN, Postmaster- General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 8. Richmond, January 28, 18G4. I. Paragraphs 1129, 1130, 1131, 1132, Army Regulations, are hereby revoked. II. Enlisted men detailed for duty on account of physical disability, in the city of Richmond, are allowed $1.20 per diem as commutation of rations. III. Commutation of rations of all enlisted men entitled thereto by the Regulations of the War Department, whether on detached or on detailed service, or stationed in a city, with no opportunity of mess- ing, or of the non-commissioned and regimental staff, when they have no opportunity of messing, or of soldiers on furlough, or stationed where rations cannot be issued in kind, or placed temporarily in a 3 private hospital on the advice of the senior surgeon of the post or detachment, or of ordnance sergeants, or of a soldier who has neces- sarily paid for his own subsistence, or of a chaplain, is fixed at $1 per diem, to date from the list of January, 1864. IV. Enlisted men who have been or may become permanently dis- abled, or who hold the certificate of a medical examining board to that effect, and who have not been discharged the service, may have their rations commuted at ~1.2~5 per diem, whether they are in a hos- pital, private quarters, or on furlough. V. All commutation accounts will state the length of time, date, and amount, for what purpose commutation is claimed, and that it was impracticable to take rations in kind; which facts must be certi- fied to by the commissioned officer under whose orders the soldier was at the time the rations became due. VI. Commutation of rations in the case of paroled unexehanged prisoners on furlough, who have just been received from the Federal lines, will be allowed at $1 per diem, to date froni the 1st of January, 1864 Page 54 54 CORRESPONDENCE, ETC. VII. The following paragraph will be substituted for 1111, Army Regulations: Issues to the hospital will be on returns by the medical officers, for such provisions only as are actually required for the sick and wounded. The commuted value of rations for the sick and wounded will be ~1.25. The rations for hospitals will be the same as that issued to soldiers in the field. If a greater allowance is required of any par- ticular articles not issued to troops in the field, special requisitions must be made therefor. VIII. Hospital attendants cannot draw rations from the Subsistence Department, but will have their rations commuted at $1. 2~5 per diem. By order: S. COOPER, Ac~julant and Inspector General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 9. Richmond, January 29, 1864. I. The following schedules of prices for articles named therein, adopted by commissioners appointed pursuant to law, for the State of Virginia, are announced for the information of all concerned; and the special attention of officers and agents of the Government is directed thereto: II. RICHMOND, January 27, 1864. Hon. JAMES A. SEDDON: SIR: In reviewing the schedules of prices for February and March, we invited the co-operation and aid of Mr. William B. Harrison, and it is just to add that the schedules received the unanimous approval of the commissioners. We respect- fully offer the accompanying Schedules A and B, with the understanding that the prices are to remain for the months of February and March, unless in the interval it should be deemed necessary to modify them. The following prices are to be the maximum rates to be paid for the articles impressed, in all cities and usual places of sale, and when impressed on the farms or elsewhere, the same prices are to be paid. Since the passage and enforcement of the law imposing the tax in kind places additional burdens upon the farmers of delivering a tenth of their productions, we think it rather too onerous on those who produce the most to be required also to incur the heavy additional expense of delivering their surplus. Under existing circumstances we have deemed it not only just, but most likely to favor increased production, that producers in future should not be required to transport their surplus productions when impressed, but that the agents of the Government should employ or impress the neighborhood or county wagons and teams to haul all such articles, and so divide the work be~veen the owners of wagons and teams as to be least prejudicial to those successfully engaged in agriculture. SCHEDULE A. Article. Quality. Description. Quantity. Price. 1 Wheat Prime White or red Per bushel of 60 pounds $5.00 2 Flour Good Fine Per barrelof lYOpounds 22.00 do do Superfine do 25.00 Ao do Extra superfine do 26.50 do do Family do 28.00 3 Corn Prime . White or yellow Per bushel of 56 pounds 4.00 4 Corn unshelled do do do 3.95 5 Corn.meal Good Per bushel of 50 pounds - 4.20 6 Rye Prime Per bushel of 56 pounds. 1.20 7 Cleaned oats do Per bushel of 32 pounds 2.50 8 Wheat bran Good Per bushel of 17 pounds .50 9 Shorts do Per bushel of 22 pounds .70 10 Brown stuff do Per bushel of 28 pounds .90 11 Ship stuff do Per bushel of 37 pounds 1.4 Page 55 CONFEDERATE AUTHORITIES 55 SCHEDULE AContinued. Article. Quality. Description. Quantity. Price. 12 Bacon Good Hog round $1.25 13 Pork, salt do ~ 1.10 Pork, fresh Fatand good Per pound, net weight .80 14 Lard Good Perpound 1.25 15 Horses First class.... Artillery, & c Average price per head 350. 00 16 Wool Fair ormerino Washed . Per pound 3.00 17 do do Unwashed d 2.00 18 Peas Good Per hushel 4.00 19 Beans do do 4.00 20 Potatoes do Irish do 4.00 21 do do Sweet do 5.00 22 Onions do do 5.00 23 Peaches, dried do Peeled do 8.00 24 do do Unpeeled do 4.50 25 Apples, dried do Pee ed do 3.00 26 Hay, baled do Timothy or clover.... Per 100 pounds 8.50 27 do do Orchard or herdgrass do 3.00 28 Hay, unbaled do do do 3.00 29 Sheaf oats, baled do do 4.00 10 Sheaf oats, unbaled do do 3.50 31 Blade fodder, haled do do 3.50 32 Blade fodder, unbaled do do 3.00 33 Shucks, baled do do 2.20 34 Shucks, unbaled do do 1.70 35 Wheat straw, baled do . do 1.80 36 Wheat straw,unbaled do do 1.30 37 Pasturage do Interior Per head per month 3.00 38 do Superior do do ~. 00 19 do First rate do do 5.00 40 do Good Near cities do 5. 00 41 do Superior do do 6.00 42 do First rate do do 7.00 43 Salt Good 44 Soap do Per bushel of 50 pounds 5.00 Per pound .40 45 Candles do Tallow do 2.00 46 Vinegar do Cider Per gallon 2.00 47 Whisky do Trade do 3.00 48 Sugar I do Brown Per pound 1.50 49 Molasses do New Orleans Per gallon 10.00 50 Rice do Per pound 20 51 Coffee do Rio do 3.00 52 Tea do Trade do 7.00 53 Vinegar do. Manufactured Per gallon 50 54 Pg.iron do .::::: :1 No.1 quality Per ton 150.00 55 do do No.2 quality do 132.00 56 do do No.3 qualIty do 120.00 57 Bloom iron do do 216.00 58 Smiths iron do Round, plate, and bar do. 456.00 59 Railroad iron do do 190.00 60 Leather do Harness Per pound 2.60 61 ...do do Sole .....do 2.40 62 .:...do do Upper do 2.80 63 Beef.cattle do Gross weight Per 100 pounds 16.00 64 do Superior do do 18.00 65 .....do First rate do do 20.00 66 Sheep Fair Per head 30.00 67 Army woolen cloth, Good 10 ounces per yard.... Per yard 5.00 3.4 yard. 68 Army woolen cloth do 69 Army woolen cloth do 20 ounces per yard.... Per yard 10.00 6.4 yard. 70 Army woolen cloth do (a) 71 Flannels, 3.4 do 6 ounces per yard Per yard 4.00 72 Cotton shirting, 3.4 do 4~ yards to pound ~io 56 73 Cotton shirting, 7.8 do 3~ yards to pound do 84 74 Cotton sheetings, 4.4 do 3 yards to pound do 87 75 Cotton, Osnaburg, 3.4 do 6 ounces per yard do 75 76 Cotton, Osnabnrg, 7.8 do 8 ounces per yard do 88 77 Cotton drills, 7.8 do 3 yards to pound do 88 78 Cotton shirting stripes do do do 88 79 I Cot~n tent cloths do 10 ounces per yard do 1.12 80 (b) 81 Cotton warps Good Perpound 2.00 82 Army shoes do . Per pair 10.00 83 Shoe thread do Perpound 2.00 84 Wool socks, mens do Per pair 1.25 85 Mules First rate Wagon, & c Average price per head. 300.00 86 Corutop fodder, baled. Good Per 100 pounds 2.00 87 Corntop fodder, un. do do 1.50 baled. a Pro rata as to greater or less width or weight. b On the above enumerated cotton cloths, pro rata as to greater or less width or weight Page 56 56 CORRESPONDENCE, ETC. SCHEDULE AContinued. Article. Quality. Description. Quantity. Price. 88 Wheat chaff, baled.... Good Per 100 pounds $2.00 89 Wheat chaff, unbaled do do 1.50 90 Sorghum molasses do Per gallon 8.00 91 iPasturage fur sheep do Interior Per head 40 92 do Superior do do .50 93 do First rate do do .60 In assessing the average value of first-class artillery and wagon horses at $350, we designed that the term should be accepted and acted upon according to its obvious common-sense import. In other words, that horses should be selected and then impressed accordingly as their working qualities and adaptation to army service, together with their intrinsic value, would warrant a judicious purchaser in considering them as coming within the contemplation of the com- missioners when they assessed the average value of such horses as the Govern- ment needed at $350. But cases might arise, however, when the public exigencies would be so urgent as to demand that all horses at hand should be impressed. Yet under ordinary circumstances, when family or extra blooded horses or brood mares of admitted high value are impressed, we respectfully suggest to the Sec- retary of War to have instructions forwarded to the impressing officers to propose and allow the owners to substitute in their stead such strong, sound, and service- able horses or mules as shall be considered and valued by competent and disinter- ested parties as first-class artillery horses or first-rate wagon mules. The term average value per head was used in contradistinction to a fixed and uniform price for each horse or mule. We supposed that in impressing a number of horses or mules, whether owned by several persons or one individual, that some might be estimated at $250, or even at less, and others at different advanced rates, according to their worth, up as high as $450, or above that amountthus making an average value or price for a number of good, sound, and efficient horses $350 each, and mules $300 each. In illustration of our views, we will add, that a horse with only one eye sound might, in all other respects, be classed as a first-rate artillery horse, yet the loss of one eye would justly and considerably curtail his value. So a horse from ten to eighteen years of age might be deemed in all other particulars as a first-class artillery horse, but of course, however efficient or able to render good service for a year or so, yet his advanced age would justly and materially impair his value. Any horse, however he may approximate the standard of a first-class artillery horse, must, according to deficiencies, fall below the maximum price; and as f 3w comparatively exactly come up to the standard, and therefore are entitled to the maximum price, so of course in all other instances the price should be proportion- ately reduced, as imperfections place them below the standard of first class, & c. SCHEDULE B.Hire of labor, teams, wagons, and drivers. Baling long forage Shelling and bagging corn; sacks furnished by Government Hauling Hauling grain Hire of 2.horse team, wagon, and driver; rations furnished by owner. Hire of same; rations furnished by the Government Hire of 4-horse team, wagon, and driver; rations furnished ~ owner. Hire of same; rations furnished by the Government Hire of 6-horse team, wagon, and driver; rations furnished by owner. Hire of same; rations furnished by the Government Hire of laborer; rations furnished by owner Hire of same; rations furnished by the Government... Hire of same; rations and clothing furnished by owner Hire of same; rations furnished by the Government Hire of teamsters; rations furnished by the Government Hire of laborer; clothing and rations tarnished by the Govern. ment. Hire of same; clothing and rations furnished by owner Hire of same; rations only furnished by the Government Quantity and time. Price. Per 100 pounds Per 56 pounds Per cwt. per mile Per bushel per mile... Per day do do do do do do do Per month do do Per year do do 1 2 3 4 S 6 7 5 9 10 11 12 13 14 15 16 17 15 $0. 50 - 05 Os - 04 10.00 5.00 13. 00 6.50 16. 00 8.00 2.50 1.50 50.00 30.00 40.00 300.00 550.00 400.0 Page 57 CONFEDERATE AUTHORITIES. Upon further consideration we have concluded to value sheaf oats, hay, and blade fodder east of the Blue Ridge Mountains, when baled, at $5 per 100 pounds, and unbaled at $4.50 per 100 pounds, and shucks baled at $3.50 per 100 pounds, and $,3 unbaled. E. W. HUBARD, ROBERT GIBBONEY, WM. B. HARRISON, Commissioners for Virginia. By order: S. COOPER, Akjntant and Inspector General. CIR ) CONFEDERATE STATES OF AMERICA, CULAR BUREAU OF CONSCRIPTION, No.5. Richmond, Va., January 29, 1864. I. Commandants will forthwith proceed to change the locality of each Congressional district aiid local enrolling officer, and each Con- gressional district examining surgeon. Care will be observed not to place an enrolling officer in the district or county of which he is a resident. II. Public notice in the newspapers of the State will be given for twenty days, calling for the presentation to the enrolling officers of all exemptions heretofore granted, and officers will be instructed care- fully to revise them, renewing such as are correct, and revoking such as are fraudulent or erroneous. III. Corruption, abuses, and errors are known to exist, and the purport of this circular is to endeavor to remedy and prevent these abuses and give more activity to the service. No application for a departure from its provision will be considered. IV. The Superintendent again appeals to the honor and patriotism of the commandants of conscripts, and directly to the enrolling officers, for increased diligence, activity, and energy in the perform- ance of the important duties confided to them. The President, the Congress, the people, and the noble armies now in the field look to the authorities of conscription to maintain and increase those armies, and thereby secure the public liberty. Every man engaged in this service should feel that the liberties of his coun- try and the preservation of parents, wives, sisters, and daughters from a brutal and relentless enemy depend on his individual exer- tion. The officer of conscription who neglects his duty or abuses his trust is a traitor of the deepest dye. Want of energy, walit of earnest, honest, untiring diligence is cowardly treason. The guilty officer may perhaps escape present detection and punishment, but the curse of God and his country will fall upon him. We have been told what we are expected to do, and how to do it, and if we fail to get into the field by the 1st of May every man the law requires us to send there, we will deserve and will certaiimly receive a just condemnation. These are not mere idle words of exhortation. Let us fail, and we will find their bitter truth. We are soldiers assigned to this service the most delicate, the most important in the public defense. Let us show that we are as zealous and as brave as our brother soldiers who are in front of the enemy. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General Page 58 58 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., January 29, 1864. Hon. Messrs. W. P. CHILTON and DAVID CLOPTON, JIfembers of Congress, House of Representatives: GENTLEMEN: Your letter of the 25th instant was received to-day. * The probability is that the spring campaign will be opened at a very early day, and the necessity for filling up the ranks of the Army is urgent and imperious. Whatever resources of men that can be put in requisition must be used as soon as practicable. The law repeal- ing the exemption of those who had furnished substitutes furnished additional and important resources, and the orders for employing these men forthwith issued. They may be seen in the morning papers. The legislation on the subject of those who are to be reserved for the care of plantations is at present in a very confused condition. The specific reservations in the act of October 13, 1862, relative to the owners and overseers of plantations and the owners and managers of stock you will recollect. Those were broad and comprehensive provisions by law, and this Department had no difficulty in adminis- tering them. One of these was unconditionally repealed in May last, and in its place a very restricted, but still a specific, enactment, allowing an exemption in favor of a class of farmers and planters, was substituted for it upon the payment of a tax. There was besides this a clause which allowed the President to grant exemptions in dis- tricts deprived of white and slave labor indispensable to the producer of grain or provisions necessary for the support of the population remaining at home, and also on account of justice, equity, and neces- sity. The latter portion of this section of the act of May 1, 1863, has rarely been used with reference to the cases of owners of plantations. It has generally been applied to the condition of those who were des- titute or those who have furnished to the Army several members, leaving one to take care of the families and fortunes of the remainder, or who had placed in the service minors not liable to service but com- petent to render efficient service, from considerations of a domestic nature, or when the family was composed of aged, helpless, unpro- tected persons, making the assistance of a male member necessary and proper. Political considerations have not entered as a controlling ingredient in the decision of the cases to be exempt because of justice, equity, or necessity. The persons who have had large industrial interests have been encouraged to relieve themselves by putting substitutes in the Army. The right to do so has been greatly restrained by the regulations of the Department limiting the number to two for each month in a com- pany and requiring the approval, first, of the regimental commander, and afterward of the general commanding. There has been much fraud and abuse of this privilege, but there have been a great many cases in which the privilege to put in substitutes was exercised fairly and in which the circumstances of the principal justified the act. The repeal of this act and the subjecting of the men to military service renders some legislation proper to meet the cases that arise when det- riment to the interests of the country would follow for the conscrip- tion of all the persons made liable to service in consequence of the repeal. * Not found Page 59 CONFEDERATE AUTHORITIES. 59 The Department cannot form a plan of administration until the legislation of Congress on this important subject be known, and the object of this communication is simply to place before you the meager state of legislation upon the subject which will render any plan inade- quate to meet the exigencies of the country. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of IYar. SURGEON-GENERALS OFFICE, Richmond, Va., January 29, 1864. Lieut. Gen. 1. POLK, Commanding, & c., Meridian, 3liss.: GENERAL: I beg leave to represent to you the necessity of perfect- ing, before the organization of the spring campaign, some arrangement by which the sick and wounded sent to the rear of large armies, pre- ceding, during, or after engagements, may be more comfortably pro- vided for. Reason and experience conclusively show that this cannot be accomplished by a medical director independent of the prompt and energetic action of a commissary and quartermaster. In order to insure concert of action upon the part of these three officers the plan laid down in papers marked A and B was referred for the con- sideration of the Commissary and Quartermaster Generals. No con- clusion has yet been arrived at by them as far as is known to this office, and the necessity for some action being promptly taken sug- gests the propriety of the matter being directly referred to the coni- manders of the independent commands. In paper marked C will be found the plan previously adopted by General Lee for the Army of Northern Virginia, so far as the Commissary Department is con- cerned. This, however, would hardly be sufficient for the require- ments of your command, as it is not made applicable to temporary or wayside hospitals, for the establishment of which as great a necessity does not exist in the former as in the latter, but for which the plan is also especially designed. It is hoped that the commanding general will consider it to the interest of the service to adopt promptly the proposed or some other plan approved by his judgment as best adapted for securing the object desired. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- General C~ S. Army. A. SURGEON-GENERALS OFFICE, Richmond, November 14, 1863. Col. L. B. NORTHROP, Commissary- General, Richmond: COLONEL: I desire to inform you that in the prompt establishment of hospitals in the rear of armies and in their removal from point to point, as necessitated by the contingencies of the movements in the field, the Medical Department is much embarrassed by the present system of organization of the Commissary Department. When such arrangements exist as at present in the Army of Tennessee, where these, the post commissaries, are required to consult the chief com- missary of General Braggs army and to procure special authorit Page 60 60 CORRESPONJ)ENCE, ETC. from him, the embarrassment is still greater, as particularly shown by the reports concerning the provisions made for the wounded after the battle of Chickamauga. The duties and responsibilities of the chief commissary of that and other of our armies, especially when such armies are actively operating against the enemy, are so great that it is impossible for him to give that attention to the wants of the hospitals being organized or removed from point to point which the existing circumstances require. Communication, too, with his sub- ordinates and with the medical director of hospitals in the rear being cut off or rendered difficult and irregular, it is impossible that the requisite arrangements can be properly effected. In view, then, of the inconvenience and injury of the service which have resulted from this imperfect arrangement, it is urgently recommended that a special commissary, independent of the authority of the chief commissary in the ficdd, to receive authority directly from headquarters at Richmond, be assigned to the performance of such duties of the Commissary Department as relate to the supply of commissary stores to the sick and wounded, and to hospitals organized and to be organized, or transferred in the rear of the several armies of the Confederacy now in the field. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- General C. S. Armg. B. SURGEON-GENERALS OFFICE, Richmond, November 14, 1863. Brig. Gen. A. R. LAWTON, Quartermaster- General: GENERAL: I desire to inform you that in the prompt establishment of hospitals in the rear of armies, and in their removal from point to point, as necessitated by the contingencies of the movements in the field, as also especially in the transportation of the sick and wounded, the Medical Department is much embarrassed by the present organi- zation of the Quartermasters Department, and by the lack of funds in the hands of the respective quartermasters at the points where these accommodations of the sick are to be improvised. When such arrangements exist as at present in the Army of Tennessee, where these quartermasters are required to consult the chief quartermaster of General Braggs army, and to procure their funds and special authority from him, the embarrassment is still gr~ter, as particu- larly shown by the reports concerning the provisions made for the wounded after the battle of Chickamauga. The duties and respon- sibilities of the chief quartermaster of that and other of our armies, especially when such armies are actively operating against the enemy, are so great that it is impossible for him to give that attention to the wants of the hospitals being organized, and to the transportation of the wounded which the existing circumstances require. Comumuni- cation, too, with his subordinates, and with the medical director of the hospitals in the rear being cut off, or rendered difficult and irregular, it is impossible that the requisite arrangements can be properly effected. In view, then, of the inconvenience and injury to the service which have resulted from this imperfect arrangement, it is urgently recommended that a special quartermaster, independent of the authority of the chief quartermaster in the field, to receiv Page 61 CONFEDERATE AUTHORITIES. (~1 his funds directly from headquarters at Richmond, to be assigned to the performance of such duties of the Quartermasters Department as relate to the organization of hospitals, and the transportation of the sick and wounded for hospitals organized and to be organized, or transferred in the rear of the several armies of the Confederacy now in the field. Very respectfully, your obedient servant, S. P. MOORE, Surgeon- General C. S. Army. C. CIRCULAR.] OFFICE CHIEF COMMISSARY, ARMY OF NORTHERN VIRGINIA, December 28, 1863. In all cases of battle the commissary of each division will detail an assistant commissary for temporary duty at the field hospital. The officer thus selected will report in person to the chief surgeon of divis- ion, and will give his special attention to the subsisting of the sick and wounded. He will procure the necessary supplies from the divis- ion commissary train, and will obtain the necessary funds from the division commissary for the purchase of such food as the country affords and may be necessary for the benefit of the sick and wounded. He will carry out such instructions pertaining to the subsistence department as may be required by the surgeon in charge of the hos- pital. It shall be the duty of the corps commissaries to see that this (letail is promptly made. R. G. COLE, Lieutenant- Colonel, & c. EXECUTIVE DEPARTMENT, Miilledgeville, January 29, 1864. Hon. JAMES A. SEDDON, Secretary of War: DEAR SIR: Your letter of 13th instant was about ten days on its way and reached my office during my absence in Southwestern Geor- gia. In reply I have to state that the troops organized under your call for six months cannot be relied upon to relieve General Beaure- gard. The term of service of part of them has already expired, and they have been mustered out and discharged. On the 4i~h of Febru- ary, only five days hence, the term of nearly all the others expires, and they will also be discharged. Your requisition and their muster-rolls called for a six-months term from the time they were mustered in, and not a six-months term of active duty. The law of Congress under which you made the call declares them to be part of the armies of the Confederacy, but gives them pay and rations only while they may be in active service. Hence the time ran in their favor from the time they were mustered in, whether in active service or not. The failure of the Government to keep its faith with that part of the State Guard who were called out early in September last and kept constantly in the field, when no raid was approaching Georgia, and no sudden emergency called for their services, has not only seri- ously injured our prospect for a supply of provisions the ensuing year Page 62 62 CORRESPONDENCE, ETC. but it has caused great dissatisfaction with and great distress of the Government, and has engendered a feeling which will render it very difficult to enlist another similar force in the State. Dnring a greater portion of the time there has been no use whatever for the troops at the points where they were kept. They were organized to repel raids, meet sudden emergencies, & c., and were promised that when they were not needed for these and like purposes they should have the privilege to be at home, attending to their ordinary business as producers. After they were ordered into camp they were compelled to remain there during the balance of the term as regular troops. While they were thus kept in camp eating out our too limited supply of provisions, and were deprived of the privilege of sowing their wheat and preparing for another crop, they saw no enemy, there was no raid, no sudden emergency, and no use for their services. They felt and knew that this was a violation of both the letter and spirit of the contract. In their behalf I protested against it, but to no effect. If we expect to continue to conduct the war successfully, we are obliged to have a producing class at home as well as a fighting class in the field. The one is as indispensable as the other. We are already cut off from a large part of the most productive lands in the Con- federacy, and we must fail to keep up our supplies if the productive interests of the portion we yet hold are seriously crippled. Thus far the State of Georgia has been able to meet the calls made upon her without paralyzing to a very great extent her agricultural interests, except in that part of the State where there are but few slaves. But I feel it my duty to inform you that we shall not be able to meet the increasing demands made by the Confederate Government through its conscript officers, and spare a large additional force for constant service in or out of the State without so crippling the planting interests that a support cannot be made another year for the Army and the people of the State. Many of our fields now lie uncultivated, and if large additional levies of troops are to be made for constant service many more must 9 be neglected. How, then, are we to make a support for another year I have lately been through the upper, middle, and southwestern portions of the State, which are its more productive portions, and I tell you in all candor that the country is becoming so far drained of supplies that if relief cannot be had from some other source I do not see how it is possible to supply the people and the Army with bread till another crop is made, while the supply of meat is entirely inadequate. The cattle have been so generally taken for the Army as to leave a still less encouraging prospect for meat another year, and if heavy calls are to be made for troops to be taken from the agricultural pur- suits the prospect for bread will indeed be gloomy. If it is the policy of the Government to put the whole people, or any great additional number of them, into military service, the strug- gle for the future must necessarily be short. We cannot expect to conquer the enemy in a few months, and if we fail to make a crop it is only necessary for them to continue the war till we consume our provisions, and they must conquer us. But you may inquire how, then, we are to get troops to meet the large armies of the enemy. It is not my wish to dictate, nor do I desire to annoy you by voluntary advice, but in view of the perils which surround us, and the responsibility of my position as th Page 63 CONFEDERATE AUTHORITIES. 63 Executive of one of the States of the Confederacy, I venture to sug- gest that it would be infinitely better to make but little further drafts upon the producing class, and put the troops whose names are now on the muster-rolls and who are in the pay of the Government, and especially the almost countless swarm of young, able-bodied officers, who are to be seen on all our railroad trains and in all our hotels, into the Armya place where many of them are seldom found. This would increase the armies from 25 to 50 per cent. and make them strong enough, if well fed and sustained, to meet, with all the advantages which we as the invaded party possess, any force the enemy will be able to bring against us. Almost every little railroad village has become a military post, and a number of officers in brass buttons and gold lace can be seen idling about, each out of the reach of danger, with troops enough to supply each with a command. The Quartermasters and Commissary Departments are thronged with able- bodied men, subject to conscription or detailed from the Army, who are acting as clerks, purchasing agents, impressment agents, & c. From these and similar causes 50 per cent. of the Army are not in camp to answer to roll-call, and further drafts must be made upon the producing class to supply the places of the absentees, who ought to be kept at their places in the Army. It is easy to foresee the result of this policy if persisted in. As the enemy has over three times as many men able to do military service as we have, it is impossible for us to keep in the field as many troops as he does. Nor is this necessary. As the invaded party, having the inner lines of communication and other advantages incident to our position, if our people are united and determined and our Government acts with wisdom and prudence, we can defend successfully against a vastly superior force in point of numbers. In conclusion I have only to state that Georgia has always done her whole duty and furnished more than her full share of men and means, and I doubt not she will still do her just part to the utmost of her ability as long as the enemy desecrates the soil of the Confederacy. I am, very respectfully, your obedient servant, JOSEPH E. BROWN. AN ACT to regulate the collection of the tax in kind upon tobacco, and to amend an act entitled An act to levy taxes for the common defense and carry on the Government of the Confederate States, approved April 24, 1863. The Congress of the Confederate States of America do ~nact, That the tax in kind of one-tenth imposed by said act upon all tobacco grown in the Confederate States, instead of being collected by the post quartermaster, shall be collected by the agents appointed by the Secre- tary of the Treasury to collect and preserve tobacco, and the tax assessors shall transfer their estimates of the tobacco due from each planter or farmer, specifying both quantity and quality, to the said agents or their duly authorized sub-agents, taking their receipts there- for, and shall also transmit a copy of these estimates to the chief of the Produce Loan Office; and when said tobacco shall have been col- lected the said agents shall be liable for its safe custody. SEC. 2. That each farmer and planter, not earlier than the first day of June, nor later than the fifteenth day of July, shall deliver his tithe of tobacco in prizing order, put up in convenient parcels for transportation, at the nearest prizing depot, of which there shall be not less than one established in each county by the agents for the col- lection and preservation of tobacco, where the said tobacco shall b Page 64 64 CORRESPONDENCE, ETC. prized and securely packed in hogsheads or other packages, suitable for market, by said agents. SEC. 3. That the tax assessor shall require a statement from each farmer or planter as to the different qualities of tobacco raised by him, and shall assess, as due the Confederate States, one-tenth of each of said qualities, which shall be stated separately in his estimates, and shall be delivered separately by the farmer or planter at the prizing depots. SEC. 4. All acts and parts of acts inconsistent with the foregoing are hereby repealed. Approved January 30, 1864. AN ACT to fix the pay and allowances of the master armorer of the Confederate States Armory at Richmond, Virginia. The Congress of the Confederate States of America do enact, That the master armorer of the Confederate States Armory at Richmond, Virginia, shall hereafter receive a salary of three thousand dollars per annum from the time of the passage of this act, with allowances for quarters and fuel of a captain of infantry. Approved January 30, 1864. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 10. Richmond, January 80, 1864. The authority given in General Orders, No. 85, series of 1863, to impress iron, is extended to the impressment of ore, timber, and all materials essential to the production and manufacture of iron. By order: S. COOPER, A6~jutant and Inspector General. STATE OF GEORGIA, QuARTERMASTER-GENERALS OFFICE, Atlanta, January 80, 1864. Honorable SECRETARY OF WAR, Richmond, Va.: SIR: Pardon the liberty taken in inclosing you a letter addressed by me to Brig. Gemi. W. M. Gardner, commanding Middle Florida, indorsed and approved by Maj. Gen. Howell Cobb on the 7th instant.* The sufferings of Georgians in C. S. service, through lack of clothing and the dearth of raw material in this State, caused by the extensive operations of the Confederate Government, have made it absolutely necessary for us to go outside the limits of Georgia and make pur- chases where the material could be found. Already this department has issued to destitute Georgians, C. S. Army, about 15,000 suits of clothing and about 30,000 pair of shoes. These, as the generals will testify, have added much to the valor and comfort of the troops. With the exception of the refusal of the commander of the District of Middle Florida, we have met no opposition in making purchases in other States for this object. The refusal of this commander I also * Not found Page 65 CONFEDERATE AUTHORITIES. 65 respectfully unclose, * begging you, if consistent with the public serv- ice, that you will set aside this decision and grant me permission to make such purchases and shipments from the District of Middle Flor- ida. I have no desire to come in conflict with purchasing agents of the Confederate Government. I only ask that my agents be placed on a like footing. Such anthority granted to this department would place it in a condition to relieve the necessities of Georgia soldiers when the Confederate Government should be unable to do so. The favor is sought in the name of the gallant but destitute Georgians in Confederate service, whose wants will be supplied when the Govern- ment is short of supplies, if granted. The letter to Brig. Gen. W. M. Gardner, indorsed by Maj. Gen. Howell Cobb, and the refusal of the colonel commanding the District of Middle Florida, is therefore respectfully inclosed. Begging an early response, I have the honor to be, very respectfully, your obedient servant, IRA R. FOSTER, Quartermaster- General of Georgia. [First indorsement.] FEBRUARY 8, 1864. QUARTERMASTER-GENERAL: Do you advise compliance with the requests of this letter? Would it not impede your operations? J. A. S., Secretary. [Second indorsement.] QUARTERMASTER-GENERALS OFFICE, Richmond, February 12. 1864. Respectfully retnrned. Action of this kimid upon the part of State authorities is apt to lead to competition xvithout any material increase of the resources of the country. Still, I have never felt at liberty to impose any restraints upon the agents or officers of a State engaged in the collection of supplies. A. R. LAWTON, Quartermaster- General. OFFICE CHIEF INSPECTOR FIELD TRANSPORTATION, DIST. No. :3, ALA., MISS., WEST TENN., AND EAST LA., Brandon, Miss., January 30, 1864. Lieut. Col. A. H. COLE, Inspector- General, & c., Richmond, Va.: COLONEL: Although so far as I am aware my general letters omi the affairs of my district never reach you, yet I will continue to advise you, hoping they may turn up. I at last begin to see my way to realize the resources within my reach. If you will glance at the map, with the suggestion that in the interior there is an abundance of corn, and the stock is in good order and better cared for than it could be by the Government, and that it is nearly all required for the produc- tion of food, and should not be demanded by the Government unless upon a fair canvass of what is most requiredfood or mnules. In addition to this it is always withimi reach of the Government, and by June 1, 1864, the cormi crop will be made. I have located Capt. L. B. *Not found. 5 R RSERIES Iv. VOL II Page 66 66 CORRESPONDENCE, ETC. Mitchell at Courtland, Ala., in connection with General Roddeys cav- alry, with agents in the enemys lines. A quartermaster at Okolona is acting as my purchasing agent in all matters that arise around that point. Maj. W. S. Harris is at Panola, Miss., with agents on Missis- sippi River and in West Tennessee moving with Forrests cavalry. Capt. C. A. Manlove is stationed at Tehula, Miss., with agents run- ning in to Mississippi River. Capt. Wilkes Henry is stationed at Port Gibson, with agents in and around Yicksburg. At Woodville, Miss., I have Capt. H. F. Cook, with agents on Mississippi River down to Lake Maurepas. Upon my personal application to General Polk, he assigned Capt. E. T. Henry for the charge of my recruiting stables in Alabama. My instructions to my quartermasters are to select the most respectable and energetic men, exempt from military service, as their agents, with instructions to canvass every plantation and buy every mule, the quartermaster traveling through every part of his dis- trict and conferring at home with his agents, seeing for himself and aid- ing and advising his agents, requiring them to report in writing and verbally. By this means I am accomplishing something, and will certainly meet requisitions from my own district, which are much increased by the organization of new regiments by General Forrest and others, and by having requisitions already filled for Georgia. I have been notified already of arrival at a safe place of 140 mules from North Alabama and 150 from near Baton Rouge. Respectfully, A. M. PAXTON, Major and Quartermaster. [JANUARY 30, 1864.For Cooper to Polk, in relation to the organi- zation of troops within the enemys lines, see Series I, Vol. XXXII, Part II, p. 636.1 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 11. Richmond, February 1, 1864. I. Examining boards for conscripts will, when practicable, be coin- posed of two medical officers and one employed surgeon. They will hold continuous sessions in the several counties of their respective districts, to facilitate the execution of the duties prescribed by Gen- eral Orders, No. 141, 1863, from this office. II. Paragraph III, General Orders, No. 141, last series, from this office, is amended to provide that in all cases when there are two medical officers on the boards for the examination of conscripts, rec- ommendations and certificates must be concurred in and signed by both medical officers. By order: S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 26. * Richmond, February 1, 1864. * * * * * * XXIV. Col. William Miller, of the First Florida Regiment, is assigned to duty as commandant of conscripts for the State of Florida Page 67 CONFEDERATE AUTHORITiES. 67 and will report to Col. John S. Preston, chief of the Bureau of Con- scription, in this city. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. FEBRUARY 3, 1864. THE SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES: The present state of the Confederacy, in my judgment, requires that I should call your attention to a condition of things existing in the country which has already been prod.uctive of serious evil, and which threatens still graver consequences unless an adequate remedy shall be speedily applied by the legislation of Congress. It has been our cherished hopeand hitherto justified by the generous self-devotion of our citizensthat when the great struggle in which we are engaged was passed we might exhibit to the world the proud spectacle of a people unanimous in the assertions and defense of their rights and achieving their liberty and independence after the bloodiest war of modern times without the necessity of a single sacrifice of civil right to military necessity. But it can no longer be doubted that the zeal with which the people sprung to arms at the begiiining of the contest has, in some parts of the Confederacy, been impaired by the long con- tinuance and magnitude of the struggle. While brigade after brigade of our brave soldiers who have endured the trials of the camp and battle-field are testifying their spirit and patriotism by voluntary re-enlistment for the war, discontent, disaf- fection, and disloyalty are manifested among those who, through the sacrifices of others, have enjoyed quiet and safety at home. Public meetings have been held, in some of which treasonable designs are masked by a pretended devotion to State sovereignty, and in others is openly avowed. Conventions are advocated with the pretended object of redressing grievances, which, if they existed, could as well be remedied by ordinary legislative action, but with the real design of accomplishing treason under the form of law. To this end a strong suspicion is entertained that secret leagues and associations are being formed. In certain localities men of no mean position do not hesitate to avow their disloyalty and hostility to our cause, and their advocacy of peace on the terms of submission to the abolition of., slavery. In districts overrun by the enemy or liable to their encroachments, citi- zens of well-known disloyalty are holding frequent communication with them, and furnishing valuable information to our injury, even to the frustration of important military movements. And yet must they, through too strict regard to the technicalities of the law, be permitted to go at large till they have perfected their treason by the commission of an overt act? After the commission of the act the evidence is often unattainable, because within the enemys lines. Again and again such persons have been arrested, and as often they have been dis- charged by the civil authorities, because the Government could not procure the testimony from within the lines of the enemy. On one occasion, when a party of officers were laying a torpedo in James River, persons on shore were detected communicating with the enemy, and were known to pilot them to a convenient point for observing the nature of the service in which the party were engaged. They wer Page 68 GS CORRESPONDENCE, ETC. arrested and were discharged on habeas corpus, because, although there was moral certainty of their guilt, it could not be proved by competent testimony. Twice the Government has received secret and confidential information of plots to release the prisoners confined in Richmond. This information was sufficiently definite to enable pre- ventive measures to be adopted with success; but as it pointed out the guilty conspirators by strong suspicion only, and not by compe- tcnt testimony, they could not be arrested, and are still at large, ready to plot again. A citizen possessing the means and opportunity of doing much injury to the service was arrested for disloyalty. lie was twice tried before different commissions. Upon each exam- ination he avowed his hostility to our cause and his desire to join the enemy. Both commissions decided that it would be dangerous to suffer him to go at large. Yet, upon the demand of the civil authorities, he had to be released for want of competent legal testimony. The Capital of the Government is the object of peculiar attention to the enemy. I have satisfactory reasons for believing that spies are continually coming and going in our midst. Information has been repeatedly received from friendly parties at the North that particular individuals then in Richmond were sent as spies by the enemy. Yet, however accurate and reliable such information might be, it was not competent testimony; and it was idle to arrest them only to be dis- charged by the civil authorities. Important information of secret movements among the negroes fomented by base white men has been received from faithful servants, but no arrests of instigators could be made because there was no competent testimony. Apprehensions have more than once been entertained of a servile insurrection in Richmond. The Northern papers inform us that Butler is perfecting some deep-laid scheme to punish us for our refusal to hold intercourse with him. If, as is not improbable, his designs should point to servile insurrection in Richmond, incendiarism, and the destruction of pub- lic works so necessary to our defense, and so impossible to be replaced, how can we hope to fathom it and arrest the guilty emissaries and contrivers but by incompetent negro testimony? In some of the States civil process has been brought to bear with disastrous efficiency upon the Army. Every judge has the power to issue the writ of habeas corpus, and if one manifests more facility in discharging petitioners than his associates the application is made to him, however remote he may be. In one instance a general on the eve of an important move- ment, when every man was needed, was embarrassed by the command of a judge even then over 200 miles distant to bring, if in his custody, or send if in custody of another, before him on habeas corpus, some deserters who had beemE~ arrested and returned to his command. In another, the commandant of a camp of conscripts who had a conscript in camp, was commanded to bring him before a judge more than 100 miles distant, although there was a judge competent to hear and deter- mine the cause resident in the place where the writ was executed. lie consulted eminent counsel, and was advised that from the known opin- ions of the judge selected, the conscript would undoubtedly be released, and the officer was therefore advised to discharge him at once, and return the facts informally; that such a return was not technically sufficient, but would be accepted as accomplishing the purpose of the writ, He acted on the advice of his counsel, and was immediately summoned by the judge to show cause why he should not be attached for a contempt in making an insufficient return, and was compelled to leave his command at a time when his services were pressingl Page 69 CONFEDERATE AUTHORiTIES. 69 needed by the Government and travel over 100 miles and a consider- able distance away from any railroad, to purge himself of the tech- nical contempt. These particular instances may serve to show the nature of the delays, difficulties, and embarrassments which are con- stantly occurring. And injurious as they are, they are but light and trivial in comparison with evils which are reasonably to be anticipated. It is understood that questions are to be multiplied as to the con- stitutionality of the late act of Congress placing in the military service those who had furnished substitutes. If a single judge, in any State, should hold the act to be unconstitutional, it is easy to see that that State will either furnish no soldiers from that class, or furnish them only when too late for the pressing need of the country. Every application would be made to that particular judge, and he will dis- charge the petitioners in each. And although the officer may have the right of appeal, yet the delay will be tantamount in its conse- quences to a discharge. Indeed, this result is likely to ensue although every judge in the Confederacy should hold the law to be perfectly constitutional and valid. A petition for a habeas corpus need not and ordinarily does not declare the particular grounds upon which the petitioner claims his discharge. A general statement on oath that he is illegally restrained of his liberty is sufficient to induce and even to require the judge to issue the writ. In every case the enrollment will be followed by the writ, and every enrolling officer will be kept in continual motion to and from the judge, until the embarrassment and delay will amount to the practical repeal of the law. Its provisions will add no more soldiers to the Army. But this is not all. We shall not be able to retain those already in the service. Nothing has done so much to inspirit our brave soldiers as the determination evinced by Congress to send to their aid those who have thus far lived at their ease at home while they have endured dangers, toils, and privations. When the hope of equal justice and of speedy re-enforcement shall thus have failed, disappointment and despondency will displace the buoyant for- titude which animates them now. Desertion, already a frightful evil, will become the order of the day. And who will arrest the deserter, when most of those at home are engaged in the common practice of setting the Government at defiance? Organized bands of deserters will patrol the country, burning, plundering, and robbing indiscrimi- nately, and our armies, already too weak, must be still further depleted at the most imminent crisis of our cause, to keep the peace and protect the lives and property of our citizens at home. Must these evils be endured? Must the independence for which we~re contend- ing, the safety of the defenseless families of the men who have fallen in battle and of those who still confront the invader, be put in peril for the sake of conformity to the technicalities of the law of treason? Having thus presented some of the threatening evils which exist, it remains to suggest the remedy. And in my judgment that is only to be found in the suspension of the privilege of the writ of habeas corpus. It is a sharp remedy, but a necessary one.. It is a remedy plainly contemplated by the Constitution. All the powers of the Government, extraordinary as well as ordinary, are a sacred trust, to be faithfully executed whenever the public exigency may require. Recognizing the general obligation, we cannot escape from the duty in one case more than in another. And a suspension of the writ when demanded by the public safety is as munch a duty as to levy taxes for the support of the Government. If the state of invasio Page 70 70 CORRESPONDENCE, ETC. declared by the Constitution to be a proper case for the exercise of this power does not exist in our country now, when can it ever be expected to arise? It is idle to appeal against it to the history of the old Union. That history contains no parallel case. England, whose reverence for the great bill of right is at least as strong as our own, and the stability of whose institutions is the admiration of the world, has repeatedly within the last hundred years resorted to this rem ~dy when only threatened with invasion. It may occasion some clamor, but this will proceed chiefly from the men who have already been too long the active agents of evil. Loyal citizens will not feel danger, and the disloyal must be made to fear it. The very existence of extraordinary powers often renders their exercise unnecessary. To temporize with disloyalty in the midst of war is but to quicken it to the growth of treason. I therefore respectfully recommend that the privilege of the corpus be suspended. JEFFERSON DAVIS. AN ACT to change the time for the assembling of Congress for its next regular session. The Congress of the Confederate States of America do enact, That the Congress of the Confederate States of America, for its next reg- ular session, shall assemble the first Monday in May, anno Domini eighteen hundred and sixty-four, and not the first Monday of Decem- ber, eighteen hundred and sixty-four. Approved February 3, 1864. AN ACT to authorize the President to assign judges of military courts from one court to another. The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized, at any time, to assign judges from one military court to another as in his judgment the service may require. SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved February 3, 1864. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 3, 1864. Hon. J. H. REAGAN, Postmaster- General: SIR: In compliance with my letter of the 29th uLtimo, * I have the honor to communicate the result of the inquiry into the action of this Department on your letters of the 19th of October and 17th of Novem- ber, 1863, and January 7, 1864. The last, in regard to the complaint of the postmaster at Ivor of being turned out of his office, and its being appropriated to other uses by military authority, has been referred to the proper officers for inquiry and report and has not yet been returned. *Not found Page 71 CONFEDERATE AUTHORITIES. 71 The cases of Kinzer and Surface, arrested and returned to their regiment by order of General Buckner after their discharge from the military service of the Confederate States on writs of habeas corpus by Judge Fulton, of the Virginia bench, and which are the subject of your letter of the 17th of November, 1863, had been brought to the attention of the Department in the latter part of August by lion. XXTaller R. Staples, had been investigated, and were under considera- tion when your letter was received. That of the 19th of October was referred to the Conscript Bureau, the response from which is herewith inclosed. * The questions presented by your two communications last referred to have received that consideration which their importance and the collision between the departments of the Government under our respective charge seem to demand. The construction placed by this Department upon the exemption law approved on the 11th of October, 1862, of which the act approved April 14, 1863, entitled An act to exempt contractors, & c., accord- ing to the rule for the construction of statutes, is to be deemed and taken as a part, was distinctly stated and promulgated by a general order published on the 3d day of November, 1862, in which it is expressly declared that the exemption act will be construed pros- pectively, and does not authorize the discharge of any one enrolled or in the service prior to the 11th day of October, 1862. This construction was sustained by the courts in various cases that were brought before them, and was approved by Congress when it passed the act approved on the 2d of April, 1863, providing for the acceptance of the resignations of such officers and the honorable dis- charge of such non-commissioned officers and privates as might be elected or appointed to certain legislative, judicial, and executive offices, the tenants of which were exempted by the act of October 11, 1862, from the military service. This being the clear and well-settled rule and practice of this Department, the chief of the Contract Bureau of the Post-Office Department, on the 26th of May, 1863, in an official communication to the postmaster at Christiansburg, informing him that the Postmaster- General withheld his acceptance of a certain lowest offer to carry the mail in view of the unreasonable rate, instructed him to re-adver- tise, and remarks: You will not fail to commend to the attention of the contractor or of those who may be disposed to offer under the re-advertisement the facilities of the late exemption law, & c. The postmaster, accordingly, in his re-advertisement offers as an inducement to low bids the promised exemption from ntilitary service on route No. 2561, the proposal of John Surface, at one-fourth of a cent per annum, and on route No. 2563, that of John C. Kiuzer, at 1 cent per annum, were accepted. The postmaster wrote to the Postmaster-General about the discharge of these men, who were pri- vates in Company E, Fifty-fourth Virginia Regiment. The chief of the Contract Bureau of the Post-Office Department replied that they were exempted, and it is understood the judge of the district court had so decided and discharged soldiers, who had become contractors on writs of habeas corpus. This Department considers that it has just cause of complaint against the Post-Office Department for the course pursued in this and similar cases. * Not found Page 72 72 CORRESPONDENCE, ETC. No application was made by these men to the military authorities for their discharge on account of these alleged contracts. But when the commanding officer of the regiment, being shown a letter stating that friends had obtained these contracts for them, offered to prepare and forward such application on with his approval, his offer was declined. Writs of habeas corpus were sued out and awarded by a judge of a circuit court of Virginia on the 20th day of July, return- able on the 5th of August, at Wytheville, and sent by him to be exe- cuted in the State of Tennessee, where the regiment was and had been since the 5th of April preceding, with an intimation to the offi- cer that if he would surrender the men to the officer appointed to execute the writs his personal presence was unnecessary. In the tra- ditional deference to judicial authority habitual to our people the officer surrendered the men, sending his objections to and protest against their discharge. Being brought before the judge, he entered orders dischargiiig them from the military service of the Confederate States. General Buckner, learning the facts, believing that the court had no jurisdiction, and that the order was, therefore, of no effect, ordered their arrest and return to their regiment. It is perfectly clear that the judge had no jurisdiction wheii the writs were issued; that it was an unjustifiable exercise of judicial prerogative in another State, and that the commanding officer of the regiment erred in sur- rendering the men to the officer of the court. But when they appeared before the judge within his circuit the jurisdiction attached; and however erroneous his (lecision may be (leemed, it will be accepted by this Department, as has been done in the cases decided by Judge Halyburton, as the law of the case, and the men will be discharged from the custody of their officers. But while thus recognizing such decision as made, this Department does not feel bound by the principle on which the judgment is based as to apply it to similar cases. It is satisfied that the construction placed by it on the exemption law is the true and proper construc- tion, and is in accordance with the intention of the law-makers, and it insists that by every rule of reason and usage the settled con- struction given by an Executive Department of the Government to an act of Congress for its action is entitled to more consideration and weight of authority than an exposition by a subordinate judicial tribunal. The views of this Department on this question of construction have been given fully in answer to a resolution of the I-louse of Represent- atives during the present session; and unless Congress shall other- wise direct, these views will continue, as herotofore to be its rule of action. Without restating any of these views, I will add the further sug- gestion that Congress, by its passage of the act of April 2, 1863, has thrown additional light upon its intention and the proper construc- tion of the exemption act composed of the statutes of October 11, 1862, and April 14, 1863, in this, that it only provides for discharging from the military service those who may be called on to fill certain legisla- tive, ~lm(licial, and executive offices, to perform certain public trusts, which the law in theory does not recognize as either to be sought or declined by the citizen, and has expressly left out of its provisions the large classes that were exempted because of benefits which would accrue to the public interests. The distinction is very plain and significant. The obligation to the State of those who are in the military service, whether by voluntary enhistmemit or conscription, whether actuall Page 73 CONFEDERATE AUTHORITIES. 73 serving with the army in the field or oniy enrolled for such service, was complete and perfect, and could not be loosened or removed by their own action. When called, according to the mode prescribed by the Constitution and laws, to fill public office, the duties of which were incompatible with the duties imposed by the military obligation, it was a quest~9i~ to be determined by Congress which class of obligations was to be deemed of the higher importance to the public weal. It was no ques- tion of release from the service of the country, or of privilege to be awarded to an individual, but simply the decision as to which of two conflicting classes of public dnties which the citizen was required to perform should be preferred. Laws exempting from military service provide that certain classes of individuals liable to the performance of military duties, if called onand such liability is only inchoate until the call is madeshall not be called on to perform those duties; but there is no provision of law by which a citizen whose debt of military service to the public has been perfected by the demand for its performance can discharge himself from his obligation by his own act. It would be strange and anomalous if there were. A contract with the Post-Office Department to carry the mails would be such voluntary act of the individual. Nor would the fact that the contract was made with a department of the Government make it the less his mere voluntary actthe really relieving himself from his superior obligationthan would be his contracting with such mail contractor to drive a post coach or hack for carrying the mails; or his contracting for service with a railroad or canal company, or with the editor of a newspaper, or to be employed by any contractor with the Government, or the bringing himself by any means within any other of the large classes that are by the same act declared to be exempt. The law applies to all equally. The plain result is that no one whose application has thus become perfect has the right or power to complete a contract which is incom- patible with his prior superior obligation. He is not, as to such, capable of contracting. It is therefore insisted that the contracts made by the Post-Office Department with those persons actually in the military service or enrolled for such service, made without the consent of this Department, are not sufficient according to law to release the parties from the claim of this Department, acting as the agent of the public, to whom the service is due. And in the perform- ance of my duty to maintain the Army in the most effective condition, now so imperatively called for by the present emergency, I am con- strained to request that you will abrogate all these contracts when the parties have been discharged from the military service on writs of habeas corpus, in order that they may be reclaimed by the military authorities. The extent to which the army in the field may be weakened by those discharged on habeas corpus on account of having become con- tractors to carry the mails cannot be, it is presumed, very great, though three were discharged by Judge Halyburton in one day who had agreed to transport the mails on routes exceeding ten miles in length for the annual compensation of 1 mill, 1 cent, and 10 cents, respectively. But the principle of his decision applied to the other classes of exemption would fearfully diminish our ranks just at the time when urgent necessity requires every effort to enlarge them, and this consideration makes nie the more earnest in resisting a construction of the law fraught with so much mischief Page 74 74 CORRESPONDENCE, ETC. In looking into the action of this Department on your communica- tions I must admit and regret the fact, as I have already stated, that in consequence of the great press of business imperatively demanding immediate action the responses have not been so prompt as they should have been and as you had the right to expect. But, while it ~pears to be in fault from the failure to respond with sufficient promptness, I do not agree that there has been any just cause of complaint as to its action on the subject-matter of your communica- tions; but, on the contrary, hold that its action has been in accord- ance with the law, the policy of the Government, and the necessities of the country. With great respect, truly, yours, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 13. Richmond, Fobruary 3, 1864. I. In the event of the loss of company records and the consequent inability of the commanding officers to certify thei efrom the clothing accounts of soldiers, said accounts may be stated from memory, pro- vided such statements are supported by the affidavits of the soldiers interested. II. When, from the casualties of war, companies have been entirely deprived of their officers, in the adjustment of clothing accounts the affidavit of the soldier, together with those of two of his comrades, will be esteemed sufficient evidence to authorize a settlement with him if the statement shall be approved by the regimental commander. III. Hereafter the articles of clothing issued during the year will be stated opposite the name of each soldier, upon the muster-roll of his company, at the annual settlement directed in General Orders, No. 100, Adjutant and Inspector Generals Office, December 8, 1862. IV. The attention of company commanders is called to the require- ments of the above-quoted general orders. By failing to account for clothing received by them for issue to their men they render them- selves liable to be charged with its value, and a stoppage of their pay to the amount. V. From and after the 1st of February, 1864, instead of supplying company commanders with clothing for their men, officers of the Quartermasters Department will issue to the soldier upon the requi- sition of his immediate commanding officer. 1~TI. In making payments to soldiers npondescr4tive lists, officers of the Quartermasters Department will be careful to indorse thereon the amounts paid and the time for which they have been paid, return- ing the same to them for delivery to their company commanders and filing with their accounts a certified copy thereof. By order: S. COOPER, Adjutant and Inspector General. UNOFFICIAL.] ATLANTA, February 4, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: Mv DEAR SIR: I have recently taken the liberty of attending sev- eral public meetings, which I have addressed on the subject of fur- nishing men and provisions for the Army. I have done so withou Page 75 CONFEDERATE AUTHORITIES. 75 interfering with my official duties, as I have only goue to such points as I could reach and return within two days. From these interviews with the people I have learned some impor- tant and encouraging facts which I have thought would not be unin- teresting to you. In the first place, I am satisfied that the supply of meat in the country is much beyond what I had supposed it would be. I could give you details, but it is nnnecessary, to show even the best- informed citizens have been greatly at fault in estimating the quan- tity of meat that could be got in their immediate neighborhood. The people need information as to the wants of the Army and the necessity of economy, sacrifices, and energy on their part. If they could be addressed in the right way in every county in the Confed- eracy, I have no doubt that provisions enough could be got to feed our whole Army, though we got no meat from abroad. The members of Congress who have nothing else to do could render incalculable aid in this matter if they could be induced to make the right kind of addresses to the people. Better, though, that they should stay at Richmond doing nothing than to transfer to public meetings their wranglings and complainings. That is not what is wanted; we have enough of that without their assistance. The other important fact that I have learned is that our resources of men are far beyond what I had supposed. In illustration of this fact let me mention some statements made to me. You are aware that under the militia law of the last Legisla- ture the Governor was directed to enroll all our men between sixteen and sixty who are not subject to conscription or in the Confederate service. In one county the State enrolling officer says that his rolls will show that there are more men now in the county between the ages of eighteen and forty-five than have been sent from the county to the war, though the county has done as well as other counties in the State. I could not believe the statement, but he insists it is so, and refers to the details, the mechanics, exempts of all kinds, and counts np large numbers certainly. In another county the State enrolling officer (who I know very well) informed me that he had enrolled 900 mcii (not including three companies of Georgia State Guard), and that one-half of them were fit for any military service and another fourth fit for local duty. In another district, including three counties, the enrolling officer has now on his rolls over 2,000 men. I give you these facts as interesting and encouraging evidence of the great resources of our country. It only requires to be brought out, and the best mode of doing it is the great question of the hour. Muchvery muchcan be done in the way I have sugg~sted if the men capable of arousing the people can be induced to undertake the work. I regret that I differ so widely from the policy you have determined upon for filling up the Army, but it will not affect my conduct. I shall labor as hard to carry it out as I should have done to carry out my own policy. I must repeat, however, that I think it was a fatal mistake not to allow the formation of new organizations. If that policy had been adopted I believe I coul4 have raised an army in Georgia of 10,000 men. As it is, you will get not one-fifth that num- ber, and them of dissatisfied and discontented men. It is, however, now too late, and my duty and pleasure will be to labor the more earnestly to overcome difficulties and aid in filling up the Army. With sentiments of sincere regard, your friend, HOWELL COBB Page 76 76 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 4, 1864. General E. K. SMITH: GENERAL: This will be handed you by Judge L. W. Hastings, late of California, who has received from the President a commission as major to raise troops in Arizona, and been authorized to proceed in the execution of the plan for the recruitment of troops in California or Arizona, and the occupation of the latter as far as practicable, which was referred by you to the consideration of the Department. * It is not contemplated to expend in the scheme a larger sum of money than can be conveniently raised by the exportation of some few hun- dred bales of cotton into Mexico, which will be managed by Major hart or some other officer you may intrust with the duty. With the proceeds, which should be enough to furnish Major hastings with some $10,000 or $12,000 in specie funds, and likewise to forward from the port in Mexico the recruits who may be induced to engage in the enterprise to some rendezvous in Arizona, Major Hastings and a dis- bursing officer, to be selected by yourself, will go to the selected port. There the disbursing officer will remain on some plausible pretext, While Major Hastings will proceed to California. He is confident of his ability to engage 500 or more men, ostensibly as miners, to come out, armed and equipped at their own expense, and to report to the officer left in Mexico, on the pledge that they will be paid for their arms and equipments and forwarded to the point of rendezvous. rrhey should, of course, preserve throughout the character of a min- ing association and be careful to do no act violative of neutrality with Mexico, or to so muster and collect as to raise the suspicions of the emissaries of the enemy who may be in Mexico. When assembled in sufficient Ilnmbers they will proceed to Arizona and commence their operations for the seizure and occupatlon of the country. It would be well if men were procured freely from California that some able and enterprising officer of superior rank to Major Hastings should be selected and sent by you to command the expedition. Meantime, when men begin to come in from California so as to afford a reason- able prospect of success, a selected few of them, or some other special agents acquainted with Arizona, should be sent forward into that Territory to engage co-operation and prepare the friends of the South for action at the proper time. I must rely on you to select the proper assistants and officers in this matter, or to commit it to some officer on whom you can rely. I should be pleased if a gentleman of the known character and spirit of Judge Terry would undertake its guid- ance. While the loyalty and general intelligence ~f Major Hastings are appreciated, it is felt that he has little military experience, and is rather to be relied on to recruit and get men from California than to conduct and execute the whole plan. You will give to Major Hastings full instructions as to his course of procedure. I cannot well do so without knowing how far you can command means and may deem it advisable to unite others with him in the performance of his proposed duties. Well conducted, I believe the plan expedient and feasible, but much must depend on the discre- tion, intelligence, and enterprise of the selected agent. Very truly, yours, JAMES A. SEDDON, Secretary of War. See proposition of Hastings, Series I, Vol. L, Part II, p. 721 Page 77 CONFEDERATE AUTHORITIES. 77 [FEBRUARY 4, 18ThFor Vance to Davis,. in relation to the publi- cation of correspondence on the subject of peace negotiations with the enemy, see Series I, Vol. LI, Part II, p. 817.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 15. Richmond, February 5, 1864. I. General Orders, No. 137, series of 1863, is hereby revokcd. II. Supplies of provisions in transitu to arsenals, armories, and ord- nance depots for the use of operatives, under the order of commnaimd- ing officers of the same, will not be interfered with by officers of the departments. III. As the various railroads of the Confederacy for the transporta- tion of troops, supplies, and munitions of war are under the control of the Quartermasters Department, the orders of conimanding generals and other officers relating to such transportation by railroad will be immediately furnished to the Quartermaster-General in order that arrangements niay be made in time to harmonize the various routes so as to prevent accident and delays. By order: S. COOPER, Adjutant and Inspector General. CIRCULAR BUREAU OF CONSCRIPTION, No. 6. Richmond, February 5, 1864. The War Department having directed that a reasonable time be allowed to enable agents not liable to conscription to be procured for service in the Commissary Department, colnmandants of conscripts will grant details for sixty days of persons applied for in that depart- ment on the application being approved by the Commissary-General. Such details will not be renewable unless approved by this Bureau. Copies of the order of detail will be forwarded to the Bureau. By order of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 5, 1864. His Excellency M. L. BONHAM, Governor of South Garolina, Golumbia, S. C.: SIR: I have received Your Excellencys letters of the 19th of Decem- ber and 27th of January last, inclosing a resolution of the Legislature of South Carolina requesting the Confederate authorities to forego the right heretofore exercised of shipping cotton and bringing freight on the boats owned by the Importing and Exporting Company of South Carolina, in consequence of the ownership by the State of a part of those boats. In reply I have the honor to say that a response to the letter of December 19 was delayed because the regulation of the exportation of cotton and other products was understood to be under the considera- tion of Congress, and it was believed in a brief period legislation would be adopted which would control the whole subject, and eithe Page 78 78 CORRESPONDENCE, ETC. dispense with the necessity of any arrangement on the part of the State or express the conditions on which such arrangements should be made. An act, it is believed, has received the assent, in its main features, of both houses, but has not yet been so passed as to become law. So soon as its terms are announced some definite understanding can be had with you on behalf of your State. Meantime, as I ex- plained to Mr. Furman, there is every disposition on my part to meet the wishes of your State, and that any vessel engaged by the State and carrying out for it the amount of cotton required by others to be carried out for the Department would not be interfered with or restrained. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. AN ACT to prohibit the importation of luxuries, or of articles not necessaries or of common use. The Congress of the Confederate States of America do enact, That from and after the first day of March next it shall not be lawful to import into the Confederate States any brandy, wines, or other spirits, or any other article specified in Schedule A of an act entitled An act to provide revenue from commodities imported from foreign coun- tries, approved May twenty-first, eighteen hundred and sixty-one, or any goods, wares, or merchandise enumerated in Schedule B of said act, except the following articles: All things for medicinal pur- poses, camphor refined, pickles, molasses, pepper, pimento, cloves, nutmegs, cinnamon, and all other spices; soap, castile, Windsor, and all other toilet soaps; sugar of all kinds; syrup of sugar; galloons, laces, knots, stars, tassels, tresses and wings of gold and silver, or imitations thereof, intended for uniforms of officers in the military or naval service. SEC. 2. And it shall not be lawful to import the following articles, enumerated in Schedule C of said act: Beer, ale, and porter; muffs and tippets, and all other manufactures of fur, or of which fur shall be a component part, except caps and hats; carpets, carpetings, hearth rugs, bedsides and other portions of carpeting of any kind or description; carriages and parts of carriages; cider and other bever- ages not containing alcohol; clocks and parts of clocks; cotton laces, cotton insertings, cotton trimmings, or laces of thread or other mate- rial; coral, manufactured; dolls and toys of all kinds; firecrackers, skyrockets, Roman candles and all similar articles used in pyrotech- nics; furniture, cabinet and household; glass, colored, stained or painted; India matting of all sorts; jet and manufactures of jet, and imitations thereof; jewelry, or imitations thereof; manufactures and articles of marble, marble paving tiles, slabs or blocks, and all other marble; matting, China or other floor matting and mats made of flags, jute or grass; paper hangings, paper for walls, and paper for screens or fireboards; paving and roofing tiles and bricks, and roof- ing slates and firebricks; thread lacings and insertings; velvets of all kinds. SEC. 3. And it shall not be lawful to import the following articles enumerated in Schedule D of said act: Angora, Thibet and other goats hair, or mohair, unmanufactured; bananas, cocoanuts, plan- tains and oranges; cabinets of coins, medals, gems and collections o Page 79 CONFEDERATE AUTHORITIES. 79 antiquities; diamonds, mosaics, gems, pearls, rubies, and other precious stones and imitations thereof, set in gold or silver or other metals; engravings bound or unbound; rattans and reeds; paintings and statuary; leaf and unmanufactured tobacco and cigars; or the following articles enumerated in Schedule E: Diamonds, cameos, mosaics, pearls, gems, rubies, and other precious stones and imita- tions thereof, when not set. SEC. 4. None of the manufactures of metal, designed as either household or personal ornaments, shall be admitted; and in order to confine importations to articles of necessity and of common use, the Secretary of the Treasury shall prescribe the maximum foreign prices at which and within which importations of goods manufactured wholly or partly of cotton, flax, wool, or of silk, and designed for wearing apparel, and not herein prohibited, may be made, and beyond which importations thereof shall not be made: Provided, That articles herein allowed to be imported shall not be impressed by the Government or its agents after they have reached the Confederate States: Provided further, That nothing herein contained, shall be construed to prohibit any importation for the use or account of the Confederate States, or either of them: Provided further, That this act shall not apply to any article or articles which have been or shall be shipped without knowledge of the passage of this act, before the first day of March next, but which shall arrive in a Confederate port atter that day. SEC. 5. That whenever any article or articles, the importation of which is prohibited by this act, shall, after the first day of March next, be imported into the Confederate States contrary to the true intent and meaning of this act, or shall, after said first day of March next, be put on board any ship or vessel, boat, raft or carriage, with the intention of importing the same into the Confederate States, all such articles, as well as all other articles on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such pro- hibited articles, shall be forfeited, and the owner thereof shall, more- over, forfeit and pay double the value of such articles. SEC. 6. If any article or articles, the importation of which is pro- hibited by this act shall, nevertheless, be on board any ship or vessel, boat, raft or carriage, arriving after said first day of March next in the Confederate States, and shall be omitted in the manifest, report or entry of the master, or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner, or consigned to the con- signee of such articles, or shall be imported or landed, o~ attempted to be imported or landed, without a permit, the same penalties, fines and forfeitures shall be incurred, and may be recovered as in the case of similar omission or omissions, landing, importation, or attempt to land or import, in relation to articles liable to duties on their impor- tation into the Confederate States. SEC. 7. Every collector, naval officer, surveyor, or other officer of the customs shall have the like power and authority to seize goods, wares, and merchandise imported contrarto the intent and meaning of this act, to keep the same in custody until it shall have been ascer- tained whether the same have been forfeited or not, and to enter any ship or vessel, dwelling-house, store, building or other place, for the purpose of searching for and seizing any such goods, wares and merchandise which he or they now have by law, in relation to goods, wares and merchandise, subject to duty; and if any person or person Page 80 80 CORRESPONDENCE, ETC. shall conceal or buy any goods, wares or merchandise, knowing them to be liable to seizure by this act, such person or persons shall, on conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares and merchandise so concealed or purchased. SEc. 8. The following additional oath or affirmation shall be taken by masters or persons having charge or command of any ship or vessel arriving at any port of the Confederate States after said first day of March next, viz: Ifurther swear (or affirm) that there are not, to the best of my knowledge and belief, on board (insert the denomination and name of the vessel) any goods, wares or merchandise, the importation of which into the Gonfederate States is prohibited by law; and I do further swear (or affirm) that if I shall hereafter discover or know of any such goods, wares or merchandise on board of the said vessel, or which shall have been imported in the same, I will immediately, and without delay, make due report thereof to the collector of the port of this district. SEC. 9. After said first day of March next, importers, eonsignees or agents, at the time of entering goods into the Confederate States, shall take the following additional oath, viz: I also swear (or affirm) that there are not, to the best of my knowledge and belief, amongst the said goods, wares or merchandise, imported or consigned as aforesaid, any goods, wares or merchandise, the importation of which into the Confederate States is prohibited by law; and I do further swear (or affirm) that if I shall hereafter discover any such goods, wares or merchandise, among the said goods, wares and merchandise imported or consigned as aforesaid, I will immediately and without delay report the sante to the collector of this district. SEC. 10. All penalties and forfeitures arising under this act, may be sued for and recovered, and shall be distributed and accounted for, in the manner prescribed by the act entitled An act to regulate the collection of the duties on imports and tonnage; and such penalties and forfeitures may be examined, mitigated or remitted, in like manner and under the like conditions, regulations, and restrictions as are prescribed, authorized and directed, by the act entitled An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned. SEC. 11. That this act shall expire on the day of the ratification of a treaty of peace with the United States. Approved February 6, 1864. A BILL to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense. Whereas, the Confederate States are engaged in a war, upon the successful issue of which depend the integrity of their social system, the form of their civilization, the security of life and property within their limits, as well as their existence as sovereign and independent States; and whereas, the condition of the contest demands that they should call into requisition whatever resources of men and money they have, for the support of their cause and to faithfully administer the same: Therefore, as a part of the system of the public defense The Congress of the Confederate States of America do enact, That the exportation of cotton, tobacco, military and naval stores, sugar, molasses and rice from the Confederate States, and from all place Page 81 CONFEDERATE AUTHORITIES. 81 in the occupation of their troops, is prohibited, except under such uniform regulations as shall be made by the President of the Confed- erate States. SEC. 2. That if any person or persons shall put, place or load, on board any ship, steam-boat, or vessel, or any other water craft, or into any wagon, cart, carriage, or other vehicle, for conveyance or transportation beyond the Confederate States, or into any portion of the said States occupied by the enemy, any of the articles mentioned in the first section of this act, or shall collect the same for the purpose of being conveyed or transported, contrary to the prohibition afore- said, within the Confederate States or beyond them, the said articles, and the ship, boat, or other water craft, wagon, cart, carriage, or other vehicle, with the slaves and animals that may be employed or collected for the purpose of aiding therein, shall be forfeited, and all persons, their aiders and abettors, on conviction of being interested or concerned in the enterprise, shall be deemed to be guilty of a high misdemeanor, and punishable by such fine or imprisonment, or both, as the court may impose. SEc. 3. That it shall not be lawful to put on board any ship, boat, vessel or other water craft, or upon any wagon, cart, carriage, or other vehicle, for transportation or conveyance as aforesaid, any of the articles aforesaid, unless a permit be previously obtained from some officer of the Confederate States, specially authorized to grant the same, particularly describing the articles thus to be laden, and the ship, boat, vessel, water craft, wagon, carriage, cart, or other vehicle, on which the same is to be transported, and until bond shall be given that the same shall be conveyed and transported to the place of destination, under such conditions and regulations, and for such objects as shall be prescribed by the President under the first section of this act. SEc. 4. That the collectors of all the districts of the Confederate States, and such other officers as may be designated by the President of the Confederate States, shall have power and authority to take into their custody any of the articles before mentioned found on any ship, boat, or other water craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, or wagons, or any other carriage or vehicle whatsoever, or, in any manner, apparently on their way towards the territories of a foreign nation, or towards the territory of the Confederate States in the ocen- pamicy of the United States, or the vicinity thereof, or towards a place whence such articles are intended to be exported, and not to permit the same to be removed until bond shall be given, witk satisfactory sureties, that no violation of this act, and the regulations under the same, is intended. SEC. 5. That the powers granted by this act to the revenue or other officers of the Confederate States under this act to allow or refuse exportation of the articles before mentioned, or for the seizure or detention of any of the said articles, shall be exercised in conformity with such instructions as the President may give through the Depart- ments of War and of the Treasury, which instructions may impose conditions to the destination and sale of the same, and the investment of the proceeds of the same, or a portion thereof, in military or other supplies for the public service, which instructions such officers shall be bound to obey; and if any action or suit shall be brought against any such officer or officers, or their agents, he or they may plead the 6 R R5ERIES IV, VOL Il Page 82 82 CORRESPONDENCE, ETC. general issue, and upon proof of a compliance with the provisions of this act, or of the regulations and instructions of the President, he or they shall be absolved from all responsibility therefor; and any per- son aggrieved by any of the acts of any of the officers or agents afore- said, may file his petition before the district court of the district in which such officer or agent resides, and after due notice to him, and to the district attorney, the said court may proceed summarily to hear and determine thereupon as law and justice may require, and the judgment of the said court, and the reasons therefor, shall be filed among the records of the court. And in case any release shall be granted, the judge may impose such conditions as to giving bond and security as may, in his opinion, be necessary to secure this act from violation, and in case of refusal, may impose double or treble costs upon the petitioner, if the circumstances warrant it: Provided, That nothing in this act shall be construed to prohibit the Confederate States, or any of them, from exporting any of the articles herein enumerated, on their own account. SEC. 6. That exclusive jurisdiction is conferred upon the district courts of the Confederate States, of all suits or actions that may arise under this act in behalf of the Confederate States, its officers and agents, for the recovery of all fines, penalties and forfeitures, imposed in the same, by indictment, information or action, according to the practice of the court, and the distribution of the penalties and fines shall be made, under and according to the laws now in force for viola- tion of the revenue acts; and all laws for the mitigation and remit- tance of penalties and forfeitures shall be applied in similar cases. SEC. 7. That it shall be lawful for the President, or such officers as he may designate, to employ any portion of the military or naval forces of the Confederacy, or of the militia, to prevent the illegal departure of any ship, vessel or other water craft, or for detaining, taking possession of, and keeping in custody the same, or any wagon, cart, or other vehicle hereinbefore mentioned, their teams and drivers, and their products aforesaid, and to suppress and disperse any assem- bly of persons who may resist the execution of this act, or oppose the fulfillment, by the officers, of the duties imposed by the same. SEC. 8. That this act shall expire on the day of the ratification of a treaty of peace with the United States. Approved February 6, 1864. AN ACT to prohibit dealing in the paper currency of the enemy. The Congress of the Confederate States of America do enact, That no broker, banker, or dealer in exchange, or person concerned in trade as a merchant, or vender of merchandise of any description, or any other person, except within the lines of the enemy, shall buy, sell, take, circulate, or in any manner trade in any paper currency of the United States: Provided, That the purchase of postage stamps shall not be considered a violation of this act. SEC. 2. That any person violating the provisions of this act shall be subject to indictment and prosecution in the Confederate court holden for the district in which the offense was committed, and shall, upon conviction, forfeit the amount so bought, sold, circulated or used, or a sum equal thereto; and shall be, morever, subject to a fine of not more than twenty thousand dollars nor less than five hundred, and be imprisoned not less than three months, nor more than three years Page 83 CONFEDERATE AUTHORITIES. 83 at the discretion of said court; and it shall be the duty of the judges of the several Confederate courts to give this act specially in charge to the grand jury. SEC. 3. That this act shall not be construed to apply to any person acting in behalf of the Government of the Confederate States, by special authority from the President, or any of the heads of depart- inents. Approved February 6, 1864. CONFEDERATE STATES OF AMERICA, WAR DEPT., ORDNANCE BUREAU, Richmond, February 6, 1864. Hon. JAMES A. SEDDON, Secretary of War: I have the honor to say, in reply to the communication of His Excellency the Governor of Florida, * relating to arms, which was referred to this Bureau for attention, that on the 15th of September, 1863, an order was made on the Augusta Arsenal for 2,000 Austrian rifles and 100,000 rounds of ammunition, to be forwarded to the Columbus Arsenal for issue to General II. Cobb. At the same time by my direction a letter was written to Major llumphreys, command- ing the Columbus Arsenal, requesting him to issue the arms sent to his arsenal on requisition approved by General Cobb, as the Presi- dent thinks it better that these arms should be issued through Gen- eral Cobb, rather than Governor Milton. In regard to the wipers, they could have been supplied at any time upon requisition. On the 1st of February a requisition from Maj. G. W. Scott, commanding the Fifth Florida Battalion Cavalry, approved by Governor Milton and the commanding general of the department, was referred to Major llumphreys, commanding C. S. arsenal, Columbus, with instructions to supply the cavalry equipments. Orders were. also made on the Richmond and Macon Arsenals to furnish all the mnusketoons on hand, which will number 300 or upward. Respectfully, your obedient servant, J. GORGAS, Colonel and Chief of Ordnance. MEMORANDUM. Papers are forwarded to the Quartermaster-General. [Indorsement.] FEBRUARY 10, 1864. Let this,with Governor Miltons letter, be referred to Major Barton. J. A. S., Secretary. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 16. Richmond, February 6, 1864. I. The Bureau of Conscription affords adequate means for bringing into service persons liable to military duty; and all authorities given prior to December 1, 1863, to raise troops from men not within the lines of the enemy, or to recruit for any particular command in the field, are hereby revoked. *Seep. 4~3 Page 84 84 CORRESPONDENCE, ETC. II. Recruits enlisted by authority for new coiul)ailies which have not at this time seventy-two non-commissioned officers and privates actually mustered npon the rolls will be turned over to the Bureau of Conscription and allowed to select any infantry company they may prefer, under the provisions of paragraph II, General Orders, No. 7, 1864. III. Persons acting under authorities to enlist mcii for new com- panies, either without or within the lines of the eiieiny, granted since 1st of December, 1863, will at once report to the commanding general of the department in which they may be copies of such authority, with a statement of the number of men enrolled by them; and without further authorization from such commanders, their power will expire at the end of thirty days from the date of this order. IV. The preceding orders are not intended to have any effect in the Trans-Mississippi Department. V. Commandants of posts and officers of the Conscription Bureau will enforce this order. By order: S. COOPER, A~jntant cmi 1in~peetor General. HEADQUARTERS ARMY OF NORTHERN VIROINJA, Febraary 8, 18G4. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: The present decision of the Department on the provisions of the act of Congress approved April 16, 1862, section 10, seems to be that an officer or private can only be promoted for valor amid skill to a vacancy in his own company. This limits the promotions for valor and skill to such an extent that it renders the law almost a dead letter. I would earnestly recommend that if this is the true inter- pretation of the law that it be modified so as to permit promotions on this account to any company or regiment from the same State, or at least to any company in the regiment to which the private or officer belongs. It is very important to increase the number of these pro- motions and to render them more certain. In the coining campaign we should use every incentive to acts of daring and skillful amid brave conduct on the part of officers and men. I am, very respectfully, your obedient servant, R E. LEE, General. BUREAU OF SUBSISTENCE, February 8, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: The letters of Messrs. Isaac Shelby amid Charles F. Johnson, dated 22d of January, in which they propose to exchange meat for cotton, referred by you to Colonel Northrop for consideration and report and by him to me, has been considered. For reasons which will appear in the sequel I submit the report directly to you, a fact known to and approved by Colonel Northrop. I have made so man Page 85 CONFE1)ERATE AUTHORITIES. 85 reports in such cases that it is unnecessary to repeat them here further than to say this, that I would never hesitate to make such contracts whenever they can be arranged so as not to conflict with others of the same sort, or with a different policy. But I should be derelict in my duty as a citizen if I failed to urge your attention to another class of considerations growing out of such proposals. They are more particularly the result of reflections grow- ing out of a contract which I recently made under your orders with Mr. Beverly Tucker. The present time seems propitious for the coin- mencement of negotiations with one or more of the factions or parties in the United States with a view to give us an influence upon their affairs. The granting or apparent granting of a contract for various army supplies, wide enough in its scope to embrace many interests and large enough to tempt cupidity or venality, appears to be the best cover to approaches for that purpose, and a liberal compensation in cotton offers to them the most tempting as to us the cheapest and most available medium of payment. It is true that a good many contracts looking to the mere procurement of supplies in limited quantities through the blockade have been made with various parties and that none of them have obtained provisions; but, in my judgment, this has been because all these contracts have been limited in amount and distributed among many individuals. Had they been wider, larger, and more concentrated, I think the result would have been very dif- ferent. If they can be now made and connected with diplomatic movements judiciously conducted I am sanguine that they will not fail of a happy and probably an altogether successful issue. Watching the expression of opinion on both sides in this war, I have been surprised at the absence of all speculation as to its ulterior effects upon the parties. We look muerely to our own unhappy conditiomi in the event of subjugation; they contemplate only emnancipation, con- fiscation, and extermination. To my mind certain fixed consequences of great moment are suggested beyond these. The first is the depopulation of the Northern and Eastern States. Slavery once destroyed, actually or in near prospect, that result is inevitable. Their soldiers alone, with their families and dependents, amounting to 2,000,000 or 3,000,000, would take instant possession of their share of the spoils and the rest would follow at no great distance; for if the Northwest, with its rich soil but imihospitable climate, remnote- ness from market, and all the disadvantages of newness, can draw annual swarms of immigrants, who can resist the climate, soil, and productiveness of the South? And when the labor is tram~sferred what shall prevent this most mechanical people from placing with all con- venient speed their mills and workshops in juxtaposition to products which are now transported to them over wide spaces? But all timis mnust produce violemit present dislocation and probable future dismemberment. Instant stability cannot follow such changes nor be established, if ever, until long years after this generation shall have passed away. Northern capital will have been stramided by the ebb of the labor on which it floats, and a sweeping confiscation at the South will have operated not only a sure destruction of present industry, but a bar to the success of its substitute. The spirit of the South will have been banished or extirpated, and even the dregs that remain will ferment in ceaseless irritation. On either flank, in Canada and in Mexico, hordes of desperate ref- ugees will hover and perpetually stimulate England and France to war in coalition against a power overgrown, flushed with conquest Page 86 86 CORRESPONDENCE, ETC. and arrogant from success. Nor will the task of persuasion be arduous as against a western rival whose democratic principles and Russian sympathies do really appear to threaten civilization with both alternatives of Napoleons prediction, and to make Europe Cossack and republican~~ in less than his sixty ~ That influences of this kind, fostered by apprehension on the one hand, provoked by intemperance on the other, may be successfully applied is plain to all who know the part, either open or secret, that was played by French refugees in the politics of Europe during the wars of the French Revolution, or who recollect that all those wars were based and prosecuted on conservative grounds. They will be assisted also by internal dissensions. The difficulties and conflicts that must come from exterminating the negro, which upon this continent is the only mode of exterminating slavery, will combine with the discontent of the Southern pariah and the extravagances of labor uncontrolled by capital to protract and intensify the double exhaustion incident to emigration and change of system. And finally, the restrictions on trade, which are a necessary feature of Yankee polity, and by which they will endeavor, as heretofore, to cripple or tributize the industry of all but themselves, must make them enemies of all who are or would become their rivals in trade. It is not too much to declare that England and France, not less in self-defense than in a spirit of aggrandizement, will be compelled to dismember the United States if we shall fail to do so. The tempta- tion to do it, at least to the extent of her Pacific territory, is fairly irresistible. That, at least, they can part between themselves, or establish as a protectorate and thus destroy the most formidable com- petitor for that Asiatic trade which has been for centuries the goal of nations. If these views are sound I should think it not difficult to impress them upon the North with the force of conviction. After that it might be easy to go further and persuade them to think, what is indeed very true, that if we succeed the only means to prevent injury to themselves will be the continuance and even the enlargement of slavery. That alone is the barrier to the drain of wealth and labor, which upon the dismemberment of the Union will else precipitate itself upon our organized society. The present seems to be the proper time for the commencement of negotiations for other reasons. I have never doubted the sym- pathy of Napoleon with our struggle. I have had a private reason for it, and have concluded that he only wanted a proper opportunity to manifest it. Now his interests and ours appr3ach more nearly every day. They must become identical if Mexico is ruled by Max- imilian. The decision of that question approaches. If we are recog- nized and the United States shall resent it, she has a war on hand with two powers when she has proven herself at least not more than equal to one. If she shall not resent it, then, a fortiori, she will not resent our recognition by stronger powers, and our revolution will have been accomplished. The intervening period, one of doubt to them at least, if not to us, is critical, and we should improve it. If we can attain our object before or without intervention or recog- nition, our prestige will be by so much the greater, not less if we can use the apprehension of it to the same end. The political condition of the United States is now favorable for diplomacy. There are now there four parties, actually or in embryo the Abolition, the Military, the Democratic, and the Conservative Page 87 CONFEDERATE AUTHORITIES. 87 Ahead of them all in violence of action and audacity of speculation are the Abolitionists. The Democrats and Conservatives must view them with dislike and distrust. With scarcely more favor will they contemplate the probable ascendancy of military interlopers, who, with as much selfishness as professed politicians and less knowledge of or respect for political principles, are likely to consult only what their instincts as adventurers shall indicate as their personal interests. Personal ambition, not less than an apprehension of such conse- quences as I have rapidly sketched, will stimulate the Conservatives and the Democrats to resist men whose succe~s will not only bring personal defeat to themselves, but the disasters of innovation upon the country. But to take and hold their ground against these agitators and adventurers they must have money. Men they will then get in abundance. I make here no account of Yankee venality. But when I see all men at the North refusing to volunteer (except a part of those who are already in arms), and using every device to avoid a draft which may yet include them, I know that a large majority must be peace men at heart, and only want a proper organi- zation to range themselves openly in a peace party of such extent and power as will demoralize the Army and paralyze Mr. Lincoln. But money is usually necessary to political organizations. It is always necessary at the North. Now especially they must have it in sums sufficient to counteract what jobbers and army contractors can spare from their large gains to subsidize editors and leaders of the war and Abolition parties. Possibly the speculations I have advanced will not find a lodgment in the minds of the North, who, whether as statesmen or citizens, may not look quite so far ahead. If so, we lack not the means of appealing to their love of money, power, and material advancement. The accumulation of cotton and cotton fabrics, which has hitherto enabled the world to stand aloof from this war, is now nearly exhausted. As was to have been expected, the dearth of cotton has not been compensated by increased Eastern production; for what it has cost us nearly a century of steady industry to reach could not be arrived at by mere price in three years, especially in a country like India. Cotton now sells for about six times its average peace price in gold. The articles for which we would barter it do not in any item exceed twice their peace prices; and if they reach so much it is only because of the inflation of Federal currency. To the North- ern operator wh~ can pay for cotton in exports it must be very valuable. Gold is really getting scarce with them because it is getting scarce in England; scarce there because gold how goes to India to buy cotton, but does not return; it is buried there. Hence the rise of interest in the Bank of England. But formerly she used to purchase cotton with exports mainly sent to us. The advaiitage of such mode of payment is now six tinies as great as it used to be. This is the true measure of the amount of subsidy that can be offered in money value. It cannot be had as cheaply by arms; still other inducements can be held out, among them a liberal commercial treaty. To the West upon condition of severance from the United States still greater attractions may be offered. Allthe above, free trade with the Lower Mississippi and its tributaries, and to the whole, or a part of them, the prospect, not remote, of an incorporation into the Southern Confederacy upon the basis of slavery. The purchase of their officers, both civil and military, and of all grades, is not difficult Page 88 88 CORRESPONDENCE, ETC. if what I hear be true. And under sufficient instigation their armies can be split and demoralized. A simple resolutioii in the platform of a strong party in favor of pensioning those and only those who shall have served a given length upon a modicum of land in the Northwest would shake their army to pieces or such other devices as themselves might conceive would do that work. But I decline to follow a subject so fruitful in diplomatic themes. Our own condition would seem to require the effort. I have goo(l reason to think that the spirit of Congress as a whole is not heroic, and reverses in the spring may cause more defection than is now anticipated. North carolina, better indeed than she is reported, is yet in an unsatisfactory condition. There certainly is not meat enough in our limits to feed both army and people at half their customary iates, and starvation is the parent of mutiny and discon- tent. The corn for General Lees army is now mainly obtained fromu beyond the limits of Virginia, and nearly all his subsistence depends upon the integrity of the road from Weldon to Petersburg. rrhese things and many more that are too well known to you for recital, are potent persuasives to ward off by diplomacy blows which may not be averted by battle; which may indeed be struck in the dark by traitors bought with Federal gold. It may have been chivalrous in the commencement of this war to decline the use of means which all the time the enemy have successfully employed against us; means by which, I believe, they gained Ken- tucky and wrenched Missouri from us; means by which I am certain they are now trying to detach North Carolina through time intimacy that has always existed between Mr. ilolden and Governor Johnson, of Tennessee, but to continue this dignified course any longer appears to me to be romantic. The character which the war has long since assumed justifies, in my judgment, a resort to much more questionable measures than I have suggested, which are in fact among the coin- monest expedients of hostilities. I do not think it necessary to give herein the details of the plan I propose, which are necessarily imperfect and outlincar. I prefer in any case to leave them to other and abler hands. But if the above is approved to the extent that it shall be made ground of action, and you shall desire it, I will submit them hereafter for your consid- eration. I trust I shall be pardoned for suggesting that if attempted the condition of our supplies and the political condition of the North demand speedy action. Very respectfully, your obedient servant, FRANK G. RUFFIN, Lieutenant- Colonel and Gommissary of Subsistence. GENERAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 17. Richmond, February 8, 1864. I. Paragraph VI, General Orders, No. 8, current series, is amended thus: Commutation of rations, at ~l per diem, will be allowed paroled unexehanged prisoners on furlough. This order to take effect from the 1st of January, 1864. The officer paying the accounts will indorse on the furlough the date and length of time for which payment has been made Page 89 CONFEDERATE AUTHORITIES. 89 II. Paragraph II, General Orders, No. 97, series 1862, is amended thus: Officers and agents of the Quartermasters Department are hereby ordered not to interfere with leather or hides purchased or contracted for by officers or agents of the Ordnance Department. By order: S. COOPER, Adjidant and Inspector General. BUREAU OF SUBSISTENCE, Richmond, February 8, 1864. Col. L. B. NORTHROP, Gommtssary- General: COLONEL: I have to report the receipt of late services from Maj. W. H. Smith, commissary of subsistence, on inspection duty in North Carolina, South Carolina, and Georgia, in which encouraging accounts are given of the ability of the latter State to meet our wants fully with breadstuffs, and partially with meat, if the system inaugurated for supplying General Johnstons army be vigorously carried out, viz, drawing supplies from Northern Georgia and Alabama, and relieving Major Allens district in Southwest Georgia, and if the required reforms in the management of railroad transportation are at once adopted. Major Smith cites numerous and flagrant abuses to which this important arm of the public defense has been and is constantly subjected, showing that the Government is deprived of many facili- ties by the cupidity of railroad companies and the corruption of agents and employds, who regard their personal interests as paramount to all other considerations. The official report of the Charlotte and South Carolina road exhibits the following statement of receipts: From the Confederate States, $336,603; private freight, $270, 544; Southern Express Company, $186,281; the latter paying one-half as much as the Government, illustrating beyond dispute that the amount of transportation controlled by this company is greatly beyond what they are legitimately entitled to, and the additional fact is given that some twenty or thirty cars are owned by it at Augusta, which necessarily occasion interruption to more impor- taut trains. We are now dependent on the south for bread, yet under the most favorable circumstances, with existmng arrange- ments, it is impossible to provide for the daily wants of General Lees army and the troops in this State, to say nothing of the imperative necessity for creating a reserve in anticipation of the~ many enier- gencies likely to arise not only from movements of the enemy, but from accidents on a line of communication between 600 and 700 miles in length. To-day we have not on hand rations for two days, and with no prospect of accumulations in this State from purchases, & c., it is impossible to foresee how forward movements can be made by the Army of Northern Virginia in the spring if we continue to be pressed for the current demands, and no increase is made from the only source to which we can confidently look. With no efforts to improve our facilities of transportation, and whilst the present defect- ive system continues, we must remaimi in a condition of uncertainty that sooner or later will culminate in disaster. We are apprised that thirty-five cars loaded with corn have remained at Gaston, N. C., one week, besides large quantities of other supplies at that place and Raleigh, owing to the derangement of the trains by military move Page 90 90 CORRESPONDENCE, ETC. ments and by the fAilure of the Raleigh and Gaston road to run through to Petersburg, as suggested some time since to the chief of Railroad Bureau. That number of cars, thirty-five, in the time speci- fied, would have moved nearly 14,000 bushels of corn, but because the convenience of the road is to a great extent consulted as in oppo- sition to the urgent wants of the Government, we cannot anticipate that our condition will be in the slightest degree improved until sum- mary, vigorous, and determined measures are enforced. Major Sims informs me that the president of the Gaston road will commence running through trains from to-day until the block is removed. The demand on Major Allens district from Major Cum- mings still continues heavy, interfering seriously with his ability to. meet the wants of our army in Virginia. Under date of the 1st instant he writes as follows: I shipped last week to Atlanta for General Johnstons command 16,200 bushels meal, 1,300 bushels peas, 89,000 pounds bacon, sides, 260 barrels molasses, and a quantity of pickled beef. I am shipping daily to him eight or ten car-loads. Let me be relieved from this command, & c., and I will supply Virginia abundantly. The necessary instructions have been forwarded to Major Walker, chief commissary of Alabama, to render all the assistance possible to General Johnstons army, but the demands for transportation of coal and iron to Atlanta for the Navy Department seriously embarrasses operations; and as it seems impracticable to provide for the wants of both departments with such limited facilities, the wants of the most urgent and important should receive precedence, if not compel one to yield wholly to the other. The suggestions of Major Smith relative to the employment of a part of the machinery and resources of the Navy Department for repairing and building rolling-stock, & c., are worthy of the earnest consideration of the proper authorities, for many locomotives, cars, & c., are now valueless because of the limited appliances at the com- mand of railroad companies, and if even a portion be so employed, he is confident very great additions can be made to roads now greatly deficient in material, & c. As our existence as a nation is dependent upon the efficiency and preservation of the Army, I may be pardoned for expressing the opinion that every other branch of the public defense should be subservient to that upon which we can alone rely. For several months past I have repeatedly called your attention to the difficulties under which we labored in the collection of subsist- ence, owing to the defective management and limited resources of transportation, confidently anticipating that, such *action would be taken by the proper authorities as would be calculated to assist us in collecting requisite supplies for the troops in this State, but no relief has been afforded except through the special agents of this department, and then only of a temporary character, for as soon as they disappeared from the important shipping points the same diffi- culties would arise, and subsistence stores for days and weeks would be permitted to remain at stations and depots until railroad agents and others were favorable to their removal. Unless the most strin- gent regulations are adopted for the management of transportation, and the interests of the Government receive full and constant protec- tion from the abuses practiced by those in charge, it would be idle to expect any improvement in our condition. Very respectfully, your obedient servant, S. B. FRENCH, Major and Commissary of Subsistence Page 91 CONFEDERATE AUTHORITIES. 91 [First indorsement.] RICHMOND, February 8, 1864. Respectfully referred to the Secretary of War. From the beginning of the war I have steadily aimed at keeping up railroads to their utmost capacity; have made frequent attempts to have this most vital subject placed on a footing of improvement. In the summer of 1862 I proposed a man whose plan and capacity promised success. From the winter of 1862 I urged that vital necessity required that all other demands for transportation should be stopped until sup- plies were accumulated. From last summer to this period similar efforts have been made. Since Major French has been on duty in this Bureau his attention has been necessarily directed to this matter, which he has now ably presented. I earnestly commend his letter to your attention. L. B. NORTHROP, Commissary- General. [Second indorsement.] FEBRUARY 9, 1864. QUARTERMASTER-GENERAL (Major SIMS): Let me see you after examination and consideration of this paper. J. A. S. [Third indorsement.] QUARTERMASTER-GENERALS OFFICE, February 10, 1864. Respectfully forwarded to Lieutenant-Colonel Sims. By order of Quartermaster-General: W. F. ALEXANDER, Major and Assistant to the Quartermaster- General. [Fornth indorsernent.] RAILROAD BUREAU, Richmond, February 23, 1864. Respectfully returned to Quartermaster-General, and his attention called to inclosed report. F. W. SIMS, Lieutenant- Colonel and Quartermaster. [Fifth indorsement.] CONFEDERATE STATES OF AMERICA~ QUARTERMASTER-GENERALS OFFICE, Richmond, February 24, 1864. These papers are respectfully forwarded to the Secrebtry of War. I cannot too earnestly call attention to the views and suggestions presented by Lieutenant-Colonel Sims. * Any agreement drawn from the condition of railroad transportation twelve months since must be fallacious, as the demands of the Government upon the railways have~ more than doubled in that time. Then corn was not transported from Georgia to forage the horses of General Lees army. Then the Com- missary Department did not call for corn to feed the troops of the same army, but wheat was relied on solely for that purpose. Then the same department did not attempt to transport meat from points far south to Virginia. Now the roads are expected to respond * Follows as an inclosure Page 92 92 CORRESPONT)ENCE, ETC. promptly to all these new demands without any additional assistance. Let any practical suggestion for improvement be suggested, and it will be promptly adopted. A. R. LAWTON, Quartermaster- General. [Inclosure.] C. S QUARTERMASTERS DEPT., RAILROAD BUREAU, Richmond, February 22, 18G4. Brig. Gen. A. R. LAWTON, Quartermaster- General: GENERAL: Accompanying this report I respectfully return a com- munication from the Bureau of Subsistence relative to defective transportation of supplies, in which Maj. W. H. Smith, commissary of subsistence, is quoted as saying that if the required reforms in the management of railroad transportation are at once adopted the supplies of subsistence, which are abundant in Georgia, will be carried to General Johnstons army. What the required reforms are Major Smith does not mention, and it will be therefore impossible for me to avail myself of their advantage. It shall be my earnest efforts to apply any practicable remedy that is suggested, and I shall seize with alacrity any plan promising relief, but until some feasible proposal is made I will be left to my own resources to manage this vexatious question. The charge of cupidity and corruption against railroad companies and of agents and emnploy~s who regard their per- sonal interests as paramount to all other consideratioims is too vague to admit of investigation. Officers of the Commissary and Quartermas- ters Departments are habitually and publicly charged as the railroad companies are in this communication, and a sense of the injustice we endure should create a charitable spirit. The Charlotte and South Carolina Railroad, however, is particularized as illustrating beyond question that the transportation of this company is beyond what it is legitimately entitled to, and the earnings of this company for last year are cited to prove that this road has done a large business for private parties. To answer this charge I would ask if this road has not performed promptly all the Government business offered it? If it has, then what possible objection can there be to its working for other parties? It certainly is not the policy of the Government to confine railroads to Government work exclusively. It is to be hoped this is not one of the required reforms. Last year, when the Government did not need within 50 per cent. of the supplies from Georgia that it is want- ing now, a small surplus was accumulated in Richmond. The past twelve months has improved transportation but little, and it will be a cause of congratulation if the Army of Virginia has its daily wants constantly met. It is useless to hope for more, for such expectations will not be realized. Every effort is being made and will continue to do more than this; but I cannot blind myself to the truth, nor will I lead others to do so. The communication says, With no efforts to improve transportation, and while the present defective system con- tinues, we must remain in a condition of uncertainty that sooner or later will culminate in disaster. The writer is mistaken in supposing that no efforts are being made to improve this important branch of public service. Great efforts have been made, and with success. The writer is ignorant of the increased power now occupied betwee Page 93 CONFEDERATE AUTHORITIES. 93 Augusta aid Richmond over last year. Probably 15 locomotives and 200 freight cars are now working between those two points which were not there last year. Does this look as if no efforts were being made? The writer charges that thirty-five cars loaded with corn remained at Gaston one week. This is true, but what was the cause of it? Gen- eral Pickett seized the trains of the Petersburg Railroad and carried them away to Kinston, causing a total stoppage of business on this road. Are such delays chargeable to transportation or the system nuder which it is conducted? The demands of the Navy Department may interfere with transportation, but are the claims of that Depart- inent to be ignored? No orders have reached me to that effect, and until they do I must continue as heretofore. The suggestions relative to putting the naval works at Columbus and Charlotte at repairing railroad machinery was recommended to the Honorable Secretary of the Navy, but he did not view it favorably. If the business of transportation was confined to removal of commnis- sary supplies, it would present no difficulty; but it really is less than one-third of the work. It is not at all unusual for persons to suppose that they can manage railroads with much more ability than those who have them in charge. It is still more unusual to find such pro- fessions supported by facts. The subject of transportation has had all of my attention, and there is but one way in which it can be improved, and that is by liberal details of machinists from the Army. Details for sixty days do but little good. They must go permanently into the workshops and have material to work with. I have asked for them and they are not granted. Every road has its shop and tools, but it has few workmen. You may work, and plaim, and devise, and suggest, and at last you will come to this conclusion. The recent guaranty given by the Secretary of War to those [who] will go into the iron business will come to nothing, because the details asked for were not promised, and it is the same reason that has depreciated the rolling-stock of the country. I asked once for a detail of one mechanic for every ten miles of railroad in the Confederacy, but so preposter- ous, I suppose, was considered the demand that no ammswer was returned to me. I repeat it, transportation must continue to depre- ciate until the mechanics are detailed. It is a short-sighted, ruinous policy that looks to any other source for relief, and I entreat you, general, not to pass my suggestion by without consideration, and if you would have them substantiated by older and wiser heads I beg you to consult themn. All I ask is, let them be practical railroad mcmi. I am willing to do all that I can do, but to improve transportation without men and material is the requisition of the Egyptian task- master. Give me the men and you shall see advantages from them. Refuse and I can promise nothing. I am, general, very respectfully, your obedient servant, F. W. SIMS, Lieutenant- Golonel and Quartermaster. EXECUTIvE OFFICE, Shreveport, La., February 8, 1864. Hon. JAMES A. SEDDON, Secretary of TYar, Richmond, Va.: SIR: As requested by the General Assembly, I have the honor here- with to trausmuit to you a copy of the aminexed resolutions, adopted b Page 94 94 CORRESPONDENCE, ETC. the Legislature~ of this State, and respectfully invite your attention to the same. Respectfully, & c., HENRY W. ALLEN, Governor of the State of Louisiana. JOINT RESOLUTIONS in relation to the further prosecution of the war. Whereas, the United States continues to wage war against the Con- federate States with ruthless barbarity and an utter disregard of the rules of civilized warfare; and whereas, the despot who wields with absolute power the destinies of that Government has manifested in all his messages and proclamations a malignant hatred of the people of the South, and a disposition to heap insult upon injury and outrage; and whereas, this course of conduct has strengthened us in our deter- mination to maintain our separation from the Government and people of the North: Therefore First. Be it resolved by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the bar- barous manner in which our enemies have waged war against us deserves the execrations of all men, and has confirmed and strength- ened us in the determination to oppose to the last extremity a reunion with them, and that the spirit of our people is unabated in the reso- lution to resist every attempt at their subjugation. Second. Be it further resolved, & c., That relying upon the ability of our Chief Magistrate, the skill of our military leaders, the bravery of our soldiers, the heroic devotion of our women, the ardent patriot- ism of our men, and, above all, upon the justness of our cause, invok- ing the blessing of Almighty God upon our efforts, we confidently abide the result. Third. Be it further resolved, & c., That in this hour of trial the State of Louisiana tenders to her Government and sister States her warmest sympathy and cordial co-operation; and she hereby declares her unfaltering determination to spare no expense of blood or treasure in defense of the Confederate States of America as a free and inde- pendent republic. Fourth. Be it further resolved, & c., That His Excellency the Gov- ernor be, and he is hereby, requested to transmit copies of these reso- lutions to our Senators and Representatives in Congress, and to the Governors of our sister States. J. B. ELAM Speaker of the House of Representatives. A. H. ISAACSON, Clerk of the House of Representatives. JOHN MOORE, President pro tern, of the Senate. WM. F. WAGNER, Secretary of the Senate. Approved February 8, 1864. HENRY W. ALLEN, Governor of the State of Louisiana. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 18. Richmond, February 9, 1864. I. Applications from officers of the Niter and Mining Corps for field service cannot now be considered. Workmen employed by them ma Page 95 CONFEDERATE AUTHORiTIES. 95 be organized and armed for local defense, but their military orders must be subordinated to work as the leading aim and consideration, and second in importance to no other military service. II. A limit (not yet reaehed) to the number of able-bodied workmen to be assigned to this servicesubmitted by the chief of the Niter and Mining Bureauhas been carefully considered and approved, and communicated to the Bureau of Conscription as a guide for its action. III. Military commanders will extend to the Niter and Mining Serv- ice, especially in districts exposed to the enemy, protection, aid, and encouragement. IV. General Orders, No. 32, series 1863, forbids interference with the workmen or employ~s at mines, furnaces, or niter works, whether worked by the Government or contractors. These orders are now repeated, and especial attention is called to them. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPT., BUREAU OF CONSCRIPTION, Richmond, Va., February 9, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR~ I have the honor to forward herewith the report of Licut. Col. E. D. Blake on special registration. Very respectfully, your obedient servant, JNO. S. PRESTON, Colonel and Superintendent. [Inclosure.] ATLANTA, GA., January 26, 1864. Capt. THOMAS PINCKNEY A. A. G., Bureau of Gonscription, Richmond, Va.: CAPTAIN: In the following estimate of the number of troops fur- nished by the different States I am aware that the plan I have adopted in some cases is open to objection, but when it is carefully considered I think it will be found that the errors to which it may be subject, in favor of a little greater or lesser result, will about cancel other consid- erations, and my conclusions practically correct. The principal object being to obtain the resources of the State in the event of a modification of the present law, 1. have~adopted the most direct method in each case to the attainment of this object, and when the means at my disposal admitted of it, have verified my cal- culations by others, based upon other statistics. In my calculations for Alabama and Mississippi the limited data in my possession did not admit of it, and the results depend alone upon the estimates I have made under such circumstances. The operations of the conscript department in those States do not enter into my calculations, because I could extract no reliable matter from the confused condition of the papers in Major Denis office. In that office, under the superintendence of General Pillow, much of the details of the department were carried on without any record having been kept. Exemptions and details were granted or refused on the back of the applicants letter and no memorandum made of it. The reports from the subordinate officers purporting to show the number of men put into the service (without uniformity), I was informed b Page 96 96 CORRESPONDENCE, ETC. the officers of that department, were probably incorrect, from the fact that the subordinate officers sometimes reported to General Pillow and at other times through their immediate commanders, which occasioned these officers to report the same conscripts frequently as the result of their individual operations. One case there was in which the same number of men was reported three times. Under such circumstances I was unwilling to use these calculations in my report. I have officers in Alabama and Mississippi collecting rolls called for by circulars from the Bureau of Conscription, and I hope to be able to show from these rolls where material addition may be made to the Army without injury to the industrial pursuits of the country. The final report from Georgia will be forwarded in a few days. I have sent Lient. N. A. James to Virginia to complete the work commenced there by him. Very respectfully, E. D. BLAKE, Lieutenant- Golomel, C. S. Army, on Special Seru~ce. VIRGINIA. When it is considered that our Army has been recruited from the white males above fifteen years of age for the last three years, I can incur the danger of no material error in supposing that all the troops furnished by the State now belong to that class of the white male population comprised between the ages of eighteen and sixty years. Before the operation of the conscript law Virginia had in the service 6:3 regiments of infantry of about 800 men each - - 50,400 40 batcalions of infantry of about 400 men each - 16,000 20 regiments of cavalry of about 800 men each 16,000 40 battalions of cavalry of about 400 men each 16,000 125 batteries of artillery of about 100 men each 12,500 Makinginall 110~900 These regiments, & c., were subsequently filled up by the operation of time conscript law as follows: 63 regiments of infantry of 1,000 men each 63,000 40 battalions of infantry of 500 men each -- 20,000 20 regiments of cavalry of 1,000 men each 20,000 4obattalionsofcavalryof500meneach 20,000 125 batteries of artillery of 125 men each 19,625 Makinginall 142,625 This increase (31,72~) was due to the operation~s of the conscript law, which put into the field 1. Through the camp of instruction 5,551 2. Without passing through the camps 26,174 Total put into the field by conscription 31,725 Detailed and unassigned ____ 6 757 Detailed in the departments 4,494 Total put in service by conscription ____ 42 976 TotalputintoservicebytheState. 153,876 Exempted by Medical Board - .. 12,000 Exempted by occupation - ____ 13 063 Total exempted 25,063 25,063 Total disposed of by conscription 68, 039 Total disposed of by volunteering and conscription 178,93 Page 97 CONFEDERATE AUTHORITIES. 97 If the principals be supposed to occupy the places of their substi- tutes in the field, about nine-tenths of the whole number in the serv- ice will be included between the ages of eighteen and forty-five years. In Georgia I found this to be so nearly the case that it was adopted in my calculations, and the result verified by estimates based upon other statistics and by other modes of calculation. In South Carolina I found the number between eighteen and forty- five years of age eight hundred and ninety-five one-thousandths of the whole number, or nine-tenths, nearly, and in Mississippi I believe the same proportion will obtain. Therefore, without having the means of making this calculation for Virginia, I think it would be safe to base my estimate upon this proportion, then: The whole num- ber of troops in the service between the ages of eighteen and sixty years being 153,876, the number between eighteen and forty-five years of age would be 138,489, and the whole number disposed of from the State between the ages of eighteen and forty-five years would be 138,489 + 25,063 (the exempted) = 163,552. The censns tables show that the whole State should fnrnish 221,000 between eighteen aiid forty-five years of age; but from this number we should deduct one-fifth for the portion of the population not accessible to the operations of the conscript law by reason of the occupation of the country by the enemy and the disloyal character of part of its population. Under these circumstances the State should have furnished 176,800 men between eighteen and forty-five years of age instead of 163,552, the number actually got into the service. There remain, therefore, 13,248 men between eighteen and forty-five years of age to be accounted for. Of this number probably three- fourths are now in the portion of Virginia where the conscript law has been partially enforced, and where it is at present impossible to operate. By making this allowance there remain of the available men between eighteen and forty-five years of age: Remainingbetweenl8and45 3,812 Those having substitutes (not included in the exemptions) 15,000 Total ______ 18 312 If the conscript law be extended to embrace men to fifty-five years of age, we shall have in the first place, according to census White males between 45 and 55 (36.465 less one-fifth) _______ 29 172 White males between 55 and 60 (12,155 less one-fifth) _______ 9 692 From these classes must be deducted the substi~tutes ~s follows: From those between 45 and 55 (29,172) deduct 12,000 17,172 From those between 55 and 60 (9,692) deduct 3,000 - 6,692 Then, by the extension of the term to embrace persons to fifty-five, the State would furnish, between eighteen and forty-five Remaining in the State ____ _ 3 312 _____ 15000 TotaL~ ______ 18 312 Males between 45 and 55, after deducting substitutes 17,172 Males attaining the age of 18 during the year 1864 - 5,662 TotaL 41,146 The number arriving at the age of eighteen are estimated for only one-half of the population of the State. If the period be extended 7 R R5ERIES IV, VOL II Page 98 CORRESPONDENCE, ETC. 98 to embrace males to sixty years of age, the State should furnish 41,146+6,692=47,838. NORTH CAROLINA. The whole number of volunteers transferred to the general service from the State of North Carolina, according to the rolls on file in the Adjutant-Generals Office, is: Volunteers (the Conscript Department has furnished) -- -. 67, 736 Putintothefield (toJanuary 1, 1864) 13,221 Total in the field 80,957 According to the records in the commandants and adjutant-gen- erals offices the Conscript Department has Exempted by reason of vocation 4,602 Exemptedbyclaimof the Governor - 25,500 Exempted by examining boards -- 8,064 38,166 Making a total of 119,123 white males disposed of in the State. The volunteers furnished by the State were first organized in the State service and were raised under the threat of a draft in case of failure to volunteer, and in response to three separate requisitions by the Governor. The first call brought into service the white males between eighteen and thirty-five years of age; the second call brought in another class between thirty-five and forty years of age, and the third call comprised men between forty and forty-five years of age. Thus all the men in the service from North Carolina, except those having substitutes, are included between eighteen and forty-five years of age. If in the first place the principals be supposed to occupy the places of the substitutes in the Army, the whole number disposed of by the war would come from the class of white men in the State between eighteen and forty-five years of age. This number, accord- ing to the last census, is 132,000. Deducting from this number (132,000) the number disposed of by the war (119,123), and there remains 12,877 white men between the ages of eighteen and forty-five years to be accounted for. Of this last number (12,877) about one- fourth have fled beyond the reach of conscript officers, or remnain occupying that portion of the country where the law has been for some time inoperative. Making this allowance, there remain 9,658 men between eighteen amid forty-five years to be accounted for. The adjutant-general of the State, in a communication to the com- mandant of conscripts (dated October 29, 1863), reports that when the conscript law was first enforced a number of companies were received into the service made up entirely of persons subject to conscription and of whom no record has been left. The number of these, together with those who to avoid conscription have joined the old regiments of North Carolina, I have estimated at 7,500, which will leave 2,158 men of this class still subject to the law. What the State has furnished for the war may be summed up as follows: Volunteers 67,736 Conscripts, throughcamps 13,221 Otherconscripts 7,500 In Confederate service 88,45 Page 99 CONFEDERATE AUTHORITIES. 99 The adjutant-general of the State has estimated that the State has put into service 100,000 men, but his calculations contain an apparent error, in which he has accounted for 14,000 men twice. His estimate should therefore be really less than mine. While North Carolina, with a larger white population than Georgia, has put less into the service than that State, yet there has been actu- ally a greater number in the former State which have been brought from their homes to the call of the country. This disproportion between the number put into the field and the exempted is partly owing to the occupation of a portion of the State by the enemy and the fact that the exemption list is much swollen by the requisitions made by the Governor of the State. If the conscription be extended to embrace the white males between forty-five and fifty-five years of age the State should furnish Between 18 and 45 years of age: Remaining subject tothe law 2,158 Having substitutes 2,040 Attainingtheageofl8years 4,560 Total - 8,758 According to the census the State should furnish Between 45 and 55 (21,226, less one-fourth, 5,306) 15,920 Between 55 and 60 (7,022, less one-fourth, 1,755) - 5,267 The one-fourth is deducted above for the loss of territory incident to the war. From this class the substitutes must be deducted, as follows: From those between 45 and 55 (15,920) take 1,632 14,288 Fromthosebetween55and60 (5,267) take408 4,859 The number to be furnished in the call to fifty-five years of age: Between 18and45 years, leftinthe State ~ 8,758 Between45 and 55 years 14,288 Total - - 23,046 SOUTH CAROLINA. The number of troops from South Carolina furnished by the records in the adjutant-generals office and the office of conscription show that there were, to November, 1863 Volunteers 41,873 Conscripts 4,301 Totalinservice 46,174 A census was taken in the same month of all white males between the ages of sixteen and sixty years, showing the following result: Betweenl6andl8yearsof age 3,817 Between l8and4syearsof age~ 7,914 Between 45 and55 years of age 6,140 Betweenssand6oyearsof age 2,462 Total 20,333 From calculations made from the census of 1860 South Carolina should furnish (irrespective of the effects of the war upon the l)opi1- lation) 80,460 white males between sixteen and sixty years of age Page 100 100 CORRESPONDENCE, ETC. showing that the State has furiiished 60,127 troops, which number is thus accounted for: Volunteers 41,873 Conscripts passed through camps 4,301 Withoutpassingthroughcamps~~---- 13,953 Total - 60,127 A large part of this number (13,953) will be found to have volun- teered in North Carolina regiments, havino been drawn into that State by the iuduceinents of a double bounty, which was at one time offered to volunteers. Another portion of these will be found in regiments organized by the order of General Beauregard for State defense from the white men between forty and forty- five years of age prior to the call for conscripts to this age, and in the volunteer regi- ments first organized. In the event of the term of conscription being extended to persons of fifty-five years of age, the State should furnish Between 18 and 45 years of age: Remaining in the State after deducting 5,814 exemptions (already granted) 2,100 Having substitutes~ - 791 Attainingthe age of 18 years - - - 1,950 Total - 4,841 Between 45 and 55 years of age - 6,140 Total 10,981 GEORGIA. According to calculations made from the census tables Georoia should be able to furnish (irrespective of the draft made upon her by the war) 139,548 men between the ages of sixteen and sixty years; but, according to the census taken in November last, there were 31,616, including the exempts from conscription. (See former report.) Of this number there are Between 16 and 18 years of age 9,680 Between 18 and 45: Subject to conscription 2,295 Exempts 11,273 Between45and60~~ 8,368 Total - --- - 31,616 This deficiency in the class between forty-five and sixty is supposed to be due to the number of substitutes in the Army. According to the census the State should furnish 21,930, showing a deficiency in this class of 13,562, accounted for as follows: In State organizations 4,300 Enlisted in volunteer commands (approximately) 2,212 Menwhohave substituted - 7,050 Total~ - - 13,562 If the term of conscription be extended to fifty-five years of age, Georgia should furnish Between 18 and 45: Remaininginthe State 2,295 Having substitutes. 7,050 Attaining 18 years of age 4,090 Between 45 and 55 (about) 4,000 Total 17,43 Page 101 CONFEDERATE AUTHORITIES. 101 ALABAMA. For reasons stated in the first part of my report I could obtain no reliable numbers indicating the result of the operations of the con- script law in Alabama. In the State department there are rolls of all the men in the State between the ages of sixteen and sixty years, classified according to age. General Watson, the adjutant-general of militia, refused me access to the rolls, saying that he intended making a report from the rolls to the Governor of the State, who could do as he pleased with it. A polite letter addressed to General Wat- son by me, urging important reasons for wishing to examine the rolls, received no reply. The Governor informed me, however, that the rolls exhibited the names of about 38,000 men, and that five counties had not reported. My estimate for these counties would be about 2,500 men, making the whole number between these ages (sixteen and sixty) 40,500. I was also informed by the Governor of the State that the rolls contained 12,000 names of white males between seventeen and forty-five years of age; then, allowing an average for the counties not reported, there would be about 13,000 between the ages of seven- teen and forty-five years, of which (about) 4,000 are between seven- teen and eighteen years of age. This would leave (about) 9,000 in the State between eighteen and forty-five years of age. Of this 9,000 there must be 8,000 (about) exempted, leaving about 1,000 still subject to conscription. Then, of the number found to be in the State (40,500) must be deducted the number between sixteen and seventeen years of age (4,600) and the number between seventeen and forty-five years of age (13,000), making a total between sixteen and forty-five years of age of 17,600, which would leave 22,900 between forty-five and sixty years of age. Of this last number about 6,900 are between fifty-five and sixty and 16,000 between forty-five and fifty-five years of age. Should the term of conscription be extended to fifty-five years of age the State would furnish Between 18 and 45 years of age: Remainingat home _____ 1 000 Attainingtheageof 18 (approximate) 4,000 Between 45 and 55 years of age 16,000 Total ______ 21 000 As it was impossible to obtain an estimate of the number of men who have put in substitutes, they are not included in the above sep- arately, but are probably all included in the 16,000. MISSISSIPPI. Some of the State papers of Mississippi, which might have furnished me data for estimating the number of troops in the field, were destroyed by fire in Jackson. The only evidence of the number of troops which Mississippi has furnished for the war is given in the report of the Board of Police to the auditor of the State. An act of the Legislature required the Board of each district to furnish the auditor with the rolls of every man who had entered the service since the beginning of the war. As far as these rolls go, they show an aggregate of 64,982 men. Some of the counties had not completed the rolls, but I estimated that the result will show about 66,982 men. If we consider them all to have come from the class of men between sixteen and sixty years of age there will remain, after deducting this number from 92,016, what the State should furnish between sixtee Page 102 102 CORRESPONDENCE, ETC. and sixty years of age, according to calculation from the census tables :36,031 between the ages of sixteen and sixty left in the State Of the number put into the Army about 60,284 are between the ages of eighteen and forty-five. The State should furnish from this class, according to chlculation from the census, 71,000 men. There must be, then, 11,716 men between the ages of eighteen and forty- five years to be accounted for. General Pillows organization exempted about 269 men, and the old organization exempted 7,993, leaving about 3,453 between the ages of eighteen and forty-five years still subject to conscription. The census table shows that the State should furnish in time of peace, at this time, about 10,224 between forty-five and fifty-five years of age, from which must be deducted about 4,000 for volunteers in the field, leaving about 6,224 available men between these ages. In the event of an extension of the age of conscription to fifty-five years the State should furnish then Between 18 and 45 years of age: Subject to conscription 3,453 Attainingl8yearsof age 3,080 Between45and55yearsofage~ 6,224 Total 12,757 The number of men who have substitutes is not known, but about three-fourths of them are embraced in the number between forty-five and fifty-five years of age. In the foregoing estimates no allowance has been made for the exemptions that may hereafter be granted, as this number will of course depend upon the modification the law may undergo during the present session of Congress. E. D. BLAKE, Lieut. Col., C. S. Army, Superintendent Special Registration. I Sub-inclosure.] Tabular statement of all men disposed of from the different States, and the present military condition of the different States January, 1864. (Number of men left in the different States, after making all deductions, subject to disposal, those from 45 to 55 years of age being included for the year 1864.) Total of all men disposed of from the different States, by volnateers and the conscription. Total of all men sent to the field put into service. conscripts. a State. a a a an C S Ca on, c5a a C C H virginia 5,551 26,174 11,251 42,976 110,900 153,876 North carolina . 13, 22] 7, 500 20, 721 67, 736 85, 457 South Carolina 4, 301 13, 953 18, 254 41, 873 60, 127 Georgia 27,892 3,265 31,157 75,000 106,157 Alabama 90, 857 Mississippi I 66, 982 566, 456 Grand total.1. Page 103 Z ~ ~ ~0~.10 0 0 H ~ o . a 0 a a ~. ~; ~ 00 a 0 a 0 z 0 0 0 0000 0 0 0 c~o~o S~ A 000~ A 0 0 0000 0 -1 0 01-1-1 -1 0 0 1 ~I 0 0-1-1~a 0 0 0 0 0 0 0 0 0 0000 0 A 0000 0 0 01 5.000 0 0 0000 0 -~ 0 0 00101 0 0. 0- 0 COS--1 0 0 . 0 0 00~00~ o 0000 - wuao 0 00~o 0~ ~ 0 ~ ~0 00 0~ 0~ a n 8 ax 0 0 0 ocx CO 0 0 a 0 0 a w-.00~. g-ao ~ ~.8 ~ ~0a aa. 0. ~ 00 0 0000 ~ 00 0~ 0 0 000 0 0000 :r. cc 80--i - ccc ,000 0 o w: - 00. ~- a Num ber of white males be- tween 18 and 45 called for by U. S. census for 1860. 0. 0 0 0 I : ~ Less number to be deducted owing to fhe disloyalty of I ~ portions of the States. ~ Number of white males be- I 0000 tween 18 and 45 from which I : troops can be drawn. . 000 000 -10 0 0000 000000 000000 00000 ~ 000000 Number of men betw-en 18 and 45 years of age accounted for. Number of men between 18 and 45 years of age unaccounted for. Numbers between 18 and 45 years of age to he disposed of. Number of boys arriving at 18 years of ae during 1864. - 0 -1 i3Y N~imber of men at large ~ through substitute papers. 0000 0 A 0 ~ Number left between 45 and 000 0 55 after deductin, those wilo have subatituted. Number of men, after mak- ing all deductions, left for (lisposal. 0 0 0 0 a - AO . 00 0 000000 0 000A00 0 a Less one-tenth for men over 45 years of age. Total of volunteers and conscripts between 18 and 45 years. By medical examinin g board. By occupa- tion. Total of ex- empts. 0 ~ Total disposed of ~ between 18 and 45. -10000-1 00-1 C1 00 00 A 000 A -10 00 Total of all ineca disposed of. 41 a 0 CO H 0 0 a 0 80 0 0 0 0 0 z H 0 H ~j2 a cx cx 0 cx 0 0 0 cx 0 0 cx -S cx cx 0 0 0 Page 104 104 CORRESPONDENCE, ETC. [FEBRUARY 9, 1864.For Vance to Davis, in relation to affairs in the State of North Carolina (suspension of the writ of habeas corpus, disaffection of the people) & c., and Davis reply (29th), see Series I, Vol. LI, Part II, pp. 818, 824.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 10, 18o4. Hoii. W. P. MILES, Chairman Military Committee, House of Representatives: SIR: As the session approaches its close, will you pardon me for asking the special attention of yourself and the Committee on Mili- tary Affairs to the recommendation in my report of further legislation to authorize the appointment of quartermasters and commissaries to divisions, corps, and armies in the field? The necessity of these offi- cers has been felt by generals commanding to be so imperative that it has led to the detail of officers of a lower grade from their appropri- ate commands, and has been the cause of confusion and irregularity which the Department from like conviction of the necessity of. the case has been unable appropriately to preveiit and correct. I trust the importance of authorizing such appointments will be recognized and appreciated by Congress, and that the regularity and efficiency of the service may be attained with the requisite complement of offi- cers with appropriate rank selected for the position, and not as now be imperfectly selected by temporary or irregular detail. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 19. Richmond, February 10, 1864. The following address of the President is published for the infor- mation of the Army: SOLDIERS OF THE ARMIES OF THE CONFEDERATE STATES: In the long and bloody war in which your country is engaged you have achieved many noble triumphs. You have won glorious victories over vastly more numer- ous hosts. You have cheerfully borne privations and toil to which you were unused. You have readily submitted to restraints upon your individual will that the citizen might better perform his duty to the state as a soldier. To all these you have lately added another triumphthe noblest of human conquestsa vic- tory over yourselves. As the time drew near when you who first entered the serAce might well have been expected to claim relief from your arduous labors and restoration to the endearments of home you have heeded only the call of your suffering country. Again you come to tender your service for the public defensea free offering, which only such patriotism as yours could makea triumph worthy of you and of the cause to which you are devoted. I would in vain attempt adequately to express the emotions with which I received the testimonials of confidence and regard which you have recently addressed to me. To some of those first received separate acknowledgments were returned. But it is now apparent that a like generous enthusiasm pervades the whole Army, and that the only exception to such magnanimous tender will be of those who, hav- ing originally entered for the war, cannot display anew their zeal in the public service. It is, therefore, deemed appropriate, and, it is hoped, will be equally acceptable, to make a general acknowledgment, instead of successive special responses. Would that it were possible to render my thanks to you in person, and in the name of our common country as well as in my own while pressing the hand of each war-worn veteran to recognize his title to our love, gratitude, and admiration Page 105 CONFEDERATE AUTHORITIES. 105 Soldiers! By your will (for you and the people are but one) I have been placed in a position which debars me from sharing your dangers, your sufferings, and your privations in the field. With pride and affection my heart has accompa- nied you in every march; with solicitude it has sought to minister to your every want; with exultation it has marked your every heroic achievement. Yet never, in the toilsome march, nor in the weary watch, nor in the desperate assault, have you rendered a service so decisive in results as in this last display of the highest qualities of devotion and self-sacrifice which can adorn the character, of the warrior patriot. Already the pulse of the whole people beats in unison with yours. Already they compare your spontaneous and unanimous offer of your lives for the defense of your country with the halting and reluctant service of the mercenaries who are purchased by the enemy at the price of higher bounties than have hitherto been known in war. Animated by this contrast, they exhibit cheerful confidence and more resolute bearing. Even the murmurs of the weak and timid, who shrink from the trials which make stronger and firmer your noble natures, are shamed into silence by the spectacle which you present. Your brave battle-cry will ring loud and clear through the land of the enemy as well as our own; will silence the vainglorious boastings of their corrupt partisans and their pensioned press, and will do justice to the calumny by which they seek to persuade a deluded people that you are ready to purchase dishonorable safety by degrading submission. Soldiers! The coming spring campaign will open under auspices well calculated to sustain your hopes. Your resolution needed nothing to fortify it. With ranks replenished under the influence of your example and by the aid of your represent- atives, who give earnest of their purpose to add, by legislation, largely to your strength, you may welcome the invader with a confidence justified by the mem- ory of past victories. On the other hand, debt, taxation, repetition of heavy drafts, dissensions, occasioned by the strife for power, by the pursuit of the spoils of office, by the thirst for the plunder of the public Treasury, and, above all, the consciousness of a bad cause, must tell with fearful force upon the overstrained energies of the enemy. His campaign in 1864 must, from the exhaustion of his resources both in men and money, be far less formidable than those of the last two years. when unimpaired means were used with boundless prodigality and with results which are suggested by the mention of the glorious names of Shiloh and Perryville, and Murfreesborough and Chickamauga, and the Chickahom- my and Manassas, and Fredericksburg and Chancellorsville. Soldiers! Assured success awaits us in our holy struggle for liberty and inde- pendence, and for the preservation of all that renders life desirable to honorable men. When that success shall be reached, to youyour countrys hope and prideunder Divine Providence, will it be due. The fruits of that success will not be reaped by you alone, but your children and your childrens children, in long generations to come, will enjoy blessings derived from you that will preserve your memory ever living in their hearts. Citizen-defenders of the homes, the liberties, and the altars of the Confederacy! That the God whom we all humbly worship may shield you with his Fatherly care, and preserve you for safe return to the peaceful enjoyment of your friends and the association of those you most love is the earnest prayer of your Coin mander-in-Chief. JEFFERSON DAVIS. RICHMOND, Febr~ar~ 9, 1864. By order: S. COOPER, Adjutant and Inspector General. HOUSE OF REPRESENTATIVES, February 10, 1864. Hon. J. A. SEDDON, Secretary of War, Richmond, Va.: SIR: We beg leave most respectfully to call your attention to the inclosed letter from Hon. William Ezzard, of Georgia, upon a subject of great importance to our people. The evil complained of by him is a serious one, and in behalf of soldiers families and the indigent poo Page 106 106 CORRESPONDENCE, ETC. of our State we appeal to you to have this matter inquired into and the proper remedy applied. Judge Ezzard is a gentleman of high character and his statements are entitled to respect. With your reply please returu Judge Ezzards letter. Very respectfully, your obedient servants, LUCIUS J. GARTRELL. JULIAN HARTRIDGE. W. W. CLARK. DAV. W. LEWIS. HARDY STRICKLAND. B. II. HILL. HERSCHEL V. JOHNSON. PORTER INGRAM. llnclosure.] ATLANTA, February 5, 1864. Hon. L. J. GARTRELL: DEAR SIR: I have beeu thinking for some time of writing to you on a subject which I deem one of importance. It is this: Major Cum- inings, the commissary-general, is making contracts with men all over the country to distill the tithe corn belonging to the Government for the purpose, as it is alleged, of making whisky for the Army. He agrees to furnish corn to distillers who are to make it up into whisky and pay or deliver to him one gallon for each bushel of corn, and the distiller is to have all he makes over the one gallon (or five quarts in some cases) for himself. This is holding out great inducements to distillers, and is a very money-making business. They can, there- fore, afford to distill all the corn they can get. I think it wrong that the Government should take the corn which is needed to feed women and children to make whisky of when the wives and children of soldiers in many cases cannot get bread to eat. rrhere is a great scarcity of corn in the conutryin fact, it is impossible to get it here for less than $8 or $10 per bushel, and meal has been as high as $15, and it seems that it is almost impossible to prevent the poor from starving. I think it is therefore important that this thing of dis- tilling the Government corn in this section of the State should be stopped. If it is necessary to make whisky for the Army let it be made in that section of the State where corn is plenty, and if the Army does not need the Government corn here let it be applied to the feeding of the soldiers wives and children. The State of Georgia would be willing to take the corn and pay a fair price for it and apply it in this way, or the counties would be glad to d9 it and save the expense of transporting corn from Southwestern Georgia to feed the poor and destitute. I hope you will do something on this subject, if possible, before Congress adjourns. I know the time is short, and I regret that I did not write you sooner, but I hope it is not too late to do something, and I know that there is nothing that would be of greater advantage to the poor of this section of the State. Nothing new here. Yours, respectfully, WILLIAM EZZARD. [Fir8t indorsement.] COMMISSARY-GENERAL: Have you these contracts or the Surgeon-General? If you, report. J. A. S., Secretary Page 107 CONFEDERATE AUTHORITIES. 107 [Second indorsement.] OFFICE COMMISSARY-GENERAL OF SUBSISTENCE, Richmond, Va., February 19, 1864. Respectfully returned to Honorable Secretary of War, and his atten- tion is called to the inclosed report from Major Cummings. * T. G. WILLIAMS, Lieutenant- Colonel and Commissary of Subsistence. (Per Commissary-General of Subsistence, absent, sick.) [Third indorsement.] The whisky must be distilled somewhere, and nowhere can corn be found more abundantly. J. A. S., Secretary. RICHMOND, VA., February 11, 1864. THE HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES OF AMERICA: Having carefully considered the act entitled An act to provide for wounded and disabled officers, soldiers, and seamen an asylum to be called the Veteran Soldiers Home, I feel constrained to return it with my objections to the House of Representatives, in which it origi- nated. The object of the act appeals most strongly to the sympathies of all; but in providing the means for effectuating that object, it enacts provisions which, in my judgment, are unwarranted by the Constitution. Without affirming that the act creates a perfect corpo- ration, there can be no doubt that it confers upon the board of man- agers of the institution which it is intended to found corporate powers and franchises of a well-defined character, ~which constitute them what is known as a quasi corporation. They are to organize themselves into a board, by the election of a president, treasurer, and theit necessary officers; are to continue in office until their successors are appointed, thus providing for a continual succession; and they are to be subject to the general approval and direction of the Secretary of War, thus constituting the Secretary a visitor, a usual incident of eleemosynary corporations. They have powers to make by-laws, or as the act expresses it, the power to make all requisite rules and regu- lations for the government of the institution; and they are author- ized to receive endowments from individuals and from .~the States. These are all ordinary and well-known corporate franchises. But if any doubt could exist as to whether they are granted to the board as a corporation, or quasi corporation, or only intrusted to them as indi- vidual trustees, that doubt is removed by the second section of the act. That section provides that the treasurer shall give bond with security for the faithful discharge of his duties, which bond shall be payable to the said board of managers and their successors in office, and may by them be put in suit in any State or Confederate court having jurisdiction. It cannot be understood that this bond is to be taken to and sued upon by the board of managers in their individual capacities as natural persons. This is evident from two considera- tions: First. Such a power would be supererogatory and useless, since as natural persons they already had by the common law ample right to *Seep 115 Page 108 108 CORRESPONDENCE, ETC. make any contract and take any bond or other security not contra- vening the policy of the law. Second. The right of action on a bond payable to the managers as individuals would, in the courts of law, remain in and be under the con- trol of the managers after they had gone ont of office; and in case of the dcath of all of them wonld belong to the personal representative of the last survivor; and to prevent these inconveniences it is ex- pressly provided that the bond should be payable to and be sned on by the board of managers and their successors in office, which c6uld only be accomplished by constitnting them to that extent a corporation. From these considerations it is apparent that the intent of the act is to confer corporate powers upon the board of managers; and that intent is, in my judgment, beyond the powers intrusted to Congress by the Constitution. However enlightened opinions may have dif- fered under the old Government, the whole history and theory of the contest in which we are engaged and the express recognition in our Constitution of the sovereignty of the States precludes all idea of so widely extending by construction the field of implied powers. That there is no such power expressly granted need scarcely be remarked. But if this view of the intent and operation of the act be discarded as incorrect, then it can be susceptible of but one other interpretation. It provides for the support and comfort of soldiers and seamen disabled in the public servicea class in all countries regarded as the pecu- liar objects of governmental benevolence. The institution which it founds is endowed, in part at least, from the funds of the Govern- ment. The real estate necessary for the purpose of this act is to be leased or purchased by the Secretary of War, under the approval of the President, as the property of the Government. Officers in the service and pay of the Government are to be assigned for duty at the asylum. Its whole management is to be subject to the general direc- tion and control of a high officer of the Governmentthe Secretary of War; and the board of managers are required to report to the Sec- retary, to be communicated to Congress at every regular session, a statement of the condition of the institution. It is then a Govern- ment institution, and its officers are officers of the Confederate States; but they are not to be appointed in any of the ways by which alone such appointments can be constitutionally madeneither by the President, with the advice and consent of the Senate, nor by the President alone, nor by the courts of law, nor by the head of a de- partment. The managers are to be appointed by,the Governors of the several States, and they in turn are to a~point their president and treasurer and fix their salaries. These two are, in my judgment, the only interpretations of which the act is susceptible; and under either view its provisions are viola- tive of the Constitution. JEFFERSON DAVIS. [Inclosiire.] A BILL to be entitled an act to provide for disabled officers and soldiers an asylnm to be called The Veteran Soldiers Home. SECTION 1. The Congress of the Confederate States of America do enact, That in order to make a just and adequate provision for the maintenance and comfort of officers and soldiers or seamen who hav Page 109 CONFEDERATE AUTHORITIES. 109 been or may be disabled by wounds received or disease contracted in the niilitary or naval service of the Confederate States during the pending war the sum of dollars be, and the same is hereby, appropriated, to be expended, or so much thereof as may be necessary, by the Secretary of War, uuder the approval and direction of the President, in the lease or purchase of some safe and suitable location for an asylum to be called The Veteran Soldiers Home, and for the erection and furnishing of such buildings and fixtures as the probable number of inmates may render necessary; and in order that the several Confederate States and the citizens thereof may have the opportunity of becoming identified with this philanthropic and patriotic enterprise, and of participating in the pleasing and grateful duty of contributing to the relief of those who have periled all, and have been disabled in the service of their country, it shall be the duty of the Secretary of War, immediately after the passage of this act, to invite the aid and co-operation of said States, through the respective Governors thereof, and to request the appointment of one person on behalf of each State as a manager of the institution hereby - established; and the several persons so appointed shall, as soon as practicable, assemble at some time to be designated by the Secretary of War, and organize theniselves into a board of managers by the election of a president and other necessary officers, with such com- pensation as the board may deem adequate, and a majority of the persons composing said board shall constitute a quorum for the trans- action of business. They shall continue in office for the period of two years from the date of their appointment, and until their suc- cessors are in like manner appointed, and subject to the general approval and direction of the Secretary of War. They shall have the management and control of said institution and the power to niake all requisite rules and regulations therefor, including the ap- pointment of stewards and nurses, the organizing a police force, and other necessary arrangements. Upon their recommendation and application the proper authorities shall appoint or assign for duty at said institution a commissary, who shall provide needful supplies for the same on Government account, and such surgeons and assistant surgeons in the pay of the Government as the wants of the institu- lion may require or as may be necessary for the skillful and success- i~ul management of an infirmary, which the board may establish as a part of the institution for the benefit of all those invalids, soldiers or seamen, who may need the repose and treatment furnished therein, together with all other persons of said classes whose wounds, from hasty field operations, require further surgical attenti~n; and the Surgeon-General shall be authorized to appoint the most skillful sur- geons to discharge the duties of said infirmary. They shall adopt such measures as they may deem best for obtaining contributions from individuals desiring to aid the enterprise, and shall preserve a registry, which shall be kept open to public inspection, of the names of such contributors and the amount contributed by each, and also all donations received from the several State governments. SEC. 2. The funds of the institution shall be placed in the hands of a treasurer to be elected by the board, who, before assuming the duties of his office, shall enter into a bond and security for the faith- ful performance thereof, which bond shall be approved by the board of managers and made payable to said board and their successors in office, and may by them, for any infraction of the same, be put in suit in any State or Confederate court having jurisdiction of th Page 110 110 CORRESPONDENCE, ETC. amount. The said funds, subject to the general approval of the Sec- retary of War, as aforesaid, shall be expended by the board of man- agers in the erection of such buildings, fixtures, and appurtenances as may be necessary, and in providing for such agricultural, horticul- ral, mechanical, or other employment or pursuit, as the wants of the institution or the comfort and recreation of the inmates may suggest. The said board shall, before the assembling of each regular session of Congress, submit a report of the condition and state of affairs of the institution to the Secretary of War, which it shall be his duty to com- municate to Congress. SEC. 3. The beneficiaries of said institution, who shall be entitled to become inmates of the same, shall be all commissioned and non- commissioned officers, musicians, and private soldiers and seamen who have been, or who hereafter may be, retired or discharged by reason of wounds or injuries received or disease contracted in the military or naval service of the Confederate States in the line of their duty during the pending war; and any person claiming the benefit of this act shall present his application in the manner prescribed by the board of managers, and shall, if admitted, be subject to all the rules and regulations of the institution so long as he remains an inmate thereof. He shall, at the time of his admittance, deposit with such person as may be designated by the board of managers all certificates and other papers relating to his discharge from the service, and en- titling him to future pay or compensation from the Government as a retired or discharged officer, soldier, or seaman, which said pay or compensation shall, during the time of his continuance in the institu- tion, be paid by the disbursing officer making such payments to the treasurer of the institution, and shall constitute a part of the general fund of the same, except so much thereof as the board of managers may direct to be paid, from time to time, to the person in whose right it is received. SEC. 4. Any beneficiary of said institution may discontinue his con- nection therewith at his optiomi, and upon withdrawing from the same shall be entitled to withdraw, also, all certificates and other papers deposited by him at the time of his admittance, and shall be remitted to all the rights and benefits secured thereby. AN ACT to authorize the issue of certificates for interest on the fifteen million loan. The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be, and he is hereby,~authorized to cause certificates to be issued, in such form as he shall devise, for the inter- est which has accrued, or which shall accrue, on the registered stock issued under authority of the act of February the twenty-eighth, eight- een hundred and sixty-one, entitled, An act to raise money for the support of the Government, and to provide for the defense of the Confederate States of America. The said certificates shall be pre- pared and signed by the Register of the Treasury, in favor of the per- sons, respectively, in whose names the said stock shall be standing on the books of the rrreasury, or their order, at the designated periods, and shall be sent by him to the Treasurer, assistant treasurers and depositaries located at the places where said interest is payable. The said certificates shall be countersigned by the Treasurer, assistant treasurer, or depositary, by whom they shall be delivered; and shall be receivable in paymemit of export duty on cotton, in the samue manne Page 111 CONFEDERATE AUTHORITIES. ill as the coupons of the bonds issued under said act of February twenty.. eight, eighteen hundred and sixty-one, now are. Approved February 11, 1864. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 11, 1864. Ills Excellency JOHN MILTON, Governor of Florida, Tallahassee: SIR: I have the honor to acknowledge the receipt of your communi- cations of the 11th and 26th January last. They have not been answered sooner, partly in consequence of the necessity from their subjects of reference to different bureaus of this Department for con- sideration and report, and partly in consequence of even an unusual pressure of important business, some of it of an urgent nature, in attending to which it must sometimes happen that matters, though of more intrinsic importance, yet not seeming to demand such imme- diate action, will be apparently unduly delayed. The high respect for and appreciation of yourself personally and the gallant and patri- otic State you so worthily represent makes me regret the more that you in this instance happened to be subjected to an apparent neglect, only seeming, however, and certainly unintentional. A report from the Ordnance Bureau was received some days ago on the subject referred to it, and until the receipt of your telegram of yesterday I was under the impression that the Bureau had communicated directly with you. Orders were issued on the 1st instant to Major Humphreys, at Columbus, Ga., to furnish the cavalry equipments for Major Scotts battalion, and to the Richmond and Macon arsenals to furnish to that command all the musketoons on hand, amounting to some 300 or more. You were informed on yesterday by telegraph that the arms you applied for could be obtained from Major Humphreys. The set- tled policy of this Department is against the employment of men fit for field service in other capacities. No chief of a bureau, much less subordinate agents, has the right to exempt from such service men liable to conscription by employing them, except on detail made by this Department specially, which is done reluctantly, and only when indispensably required by the public interests. Orders have been issued for the due investigation of the conduct of purchasing and im- pressing agents in your State, in regard to the subjects mentioned in your communication, with instructions to make the prope~r correction of existing causes of complaint and to prevent their recurrence. So much of your communications as related to the propriety of allowing a purchase of the corn received under the tax in kind for the use of the families of soldiers was referred to Col. Larkin Smith, in charge of that subject. His reply, a copy of which is inclosed,* will, I think, be found satisfactory and fully meet your views. I had directed this to be directly communicated to you. I regret that circumstances render it inexpedient to send Perrys brigade to Florida to recruit its diminished ranks as desired by the officers and yourself. The move- ments of the enemy in the south and west, threatened for some time past, and now in progress, have interposed objections to any exchanges of troops that could be avoided. The reluctance felt by General Lee to part with that gallant brigade, whose courage and conduct have *5cc p.18 Page 112 112 CORRESPONDENCE, ETC. been so often signally displayed under his command, is a tribute well deserved by them, and should soften the disappointment they natu- rally feel. It is hoped that the mode proposed by him to replenish their ranks will relieve them from all appi ehensions of the consolida~ tion of regiments, and will enable them with restored numbers to raise still higher the pride their native State must feel in their achievements. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. AN ACT to authorize the Governor to call into the State service free persons of color. SECTION 1. Be it enacted by the Senate and House of Representa- tives of the State of Louisiana in General Assembly convened, That the Governor of this State be, and he is hereby, authorized to call into the service of the State all free men of color, resident in this State, between the ages of sixteen and fifty-five, not physically and mentally disabled, and to place them in such branches of the service as he may deem compatible with their civil status. SEC. 2. Be it further enacted, & c., That to effect this the Governor be authorized to adopt whatever system of enrollment he may deem most expedient. SEC. 3. Be it further enacted, & c., That when said free persons of color shall have been called into the service they shall be subjected to the same rules and regulations and shall receive the same compen- sation as other persons in the same branches of the service. SEC. 4. Be it further enacted, & c., That the Governor be, and he is hereby, authorized to transfer said persons of color to the Confederate Government whenever the enrollment of said persons shall have been completed: Provided, Said persons of color shall be exempt from said service by putting an able-bodied slave in his place. SEC. 5. Be it further enacted, & c., That this act shall take effect from and after its passage. Approved February ii, 1864. GENERAL ORDERS, ADJT. AND INSP. GENERAJJS OFFICE No. 20. Richmoi td, February 12, 1864. The first paragraph of General Orders, No. 138, 1863, is modified by the omnission of the words in States in which provisions have not been made on this subject (impressment of slaves); and clause 7 of the sanme order is so far modified as to allow the rate of compensation for slaves impressed under the act of 26th of March, 1863, to be established by appraisers appointed under that act; provmded the price thus fixed does not exceed the sum prescribed by the law of the State in which such slaves are impressed. By order: S. COOPER, Adjutant and Inspector General Page 113 CONFEDERATE AUTHORITIES. 113 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 12, 1864. Maj. Gen. HOWELL COBB, Atlanta, Ga.: GENERAL: Your letter of the 4th instant has been received. I am much gratified to hear such encouraging accounts both in rela- tion to supplies and to the reserves of population. Surely they will not be held back in a struggle for all that is dear to a people. I have regretted much to differ from you on the subject of re-enlist- ing arid recruiting our armies. Such was my confidence in your judg- ment that I submitted your telegrams and letter to the President, telling him frankly your convictions made me distrust my own. He concluded to adhere to the system which the law contemplated. You have always relied rather more than myself on the spontaneous action of the people and favored the voluntary organizations. I confess I think the time for great results from such means has passed, and that the authority of law and the agencies of a general well-adjusted sys- tem of uniform operation the best means. Especially in regard to our Army do I deem a fixed and veteran organization of disciplined troops indispensable. We must keep up and even increase the vet- eran corps. New organizations, however spirited, cannot contend with men practiced and trained in arms. We have the better mate- rial of fighting men; but we must secure them equal advantage of training and discipline to maintain superiority. Hence, I earnestly strive to throw the new recruits into the old organizations. It needed not your assurance to convince that you would acquiesce in the decision of the highest authority and give all your aid to carry it into effect. Your patriotism and good sense were guarantees for that to all who know and appreciate you as I do. Very truly, yours, JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 12, 1864. His Excellency Z. B. VANCE, Governor of North Carolina: In the pressure of business I have postponed for several days a reply to your last letter, suggesting that difficulties in relation to the steam- ers Don and Hansa might be solved by the Government acquiring one-fourth interest in these steamers. It has been our folicy not to acquire less than a controlling interest heretofore in any contracts made. The recent legislation confirms me in this view. I am willing to place the State on the same footing with the Confederate Govern- ment in the shipments that have been made; that is, to credit to the owners the quantity taken out for the State, just as if it had been taken for the Confederate States. The Don and Hansa have taken one-fourth for your State; the agent at Bermuda and Nassau the dif- ference between one-fourth and one-third, which the vessels would have been compelled to take if they had continued to run under arrangements with the Confederate Government. For the future it will be necessary to make the terms upon which cotton is taken out for the States and for the Confederate Government uniform, or the result will be a competition ruinous to each. S R RSERIES IV, VOL II Page 114 114 CORRESPONDENCE, ETC. Upon application from the authorities of the State of South Carolina for the steamer Alice, and of the State of Virginia for the steamer City of Petersburg, I have at once directed the agent that cotton taken out by these steamers, for account of the States named, on the same terms as fixed for the Confederate Government, will be considered as if taken for the Confederate Government and credited accordingly. This arrangement has been satisfactory here and to Governor Bonham, and I earnestly hope will be so to you. Congress has just legislated on the subject, authorizing shipment by private individuals only under license granted by the Confederate Government, reserving to the States the right to ship out on their steamers their own cotton. Uniform regulations will be drawn up as required by this law, and it shall be my effort to make them such as to facilitate the efforts of the State and Confederate governments in exporting cotton and introducing supplies and munitions of war. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. RICHMOND, VA., February 13, 1864. THE SENATE AND HOUSE OF REPRESENTATIVES OF THE CONFEDERATE STATES OF AMERICA: I feel impelled by the condition of the country earnestly to recoin- mend to your adoption the extension of the conscription already recommended in my annual message of the 7th of December last, and to inform you that the preparations made by the enemy for the cam- paign of the present year warn us that our armies in the field must be re-enforced to the utmost possible extent. The agricultural interests of the country must be protected and fostered or we shall be unable to raise the supplies necessary for the subsistence of the Army as well as of the people at home. How is this to be done? There is no possibility of affording adequate local protection by our armies in the field, which must of necessity be kept concentrated to resist the main columns of the invading forces of the enemy. Our farms and depots can only be protected from destructive raids by the men who remain at home engaged in manufactural, agricultural, and other pursuits. There are but two modes of rendering these classes available for such purposes. One is by calling them out as militia; the other by enrolling them under Confederate autJiority. I propose in a few words to contrast these modes. If those left at home are available only as militia, it will become necessary to make requisitions for them on the States in advance of any pressing necessity for their services, because of the delays winch are always involved in obtaining forces under such calls. When called out it will naturally result that the men will be retained for long periods in the field or in camp, to be ready for emergencies, as they could not, if discharged, be promptly recalled when required. This method of using the reserves will tell with disastrous effect on our agriculture. On the other hand, troops for local defense and special service, as organized under the act of 21st of August, 1861, would afford the commander-in-chief the means of calling out the men embraced in such organizations at a moments warning, and enable him, withou Page 115 CONFEDERATE AUTHORITIES. 115 imprudence, to dismiss them the moment the danger had disappeared. They would probably not be absent from the fields and workshops more than two or three weeks at a time, and there would thus be no serious interruption of the productive industry of the country. If the spirit which rendered the volunteering so general among all classes of citizens at the beginning of the war were still prevalent, there would be no necessity for the proposed legislation, as the citizens would readily join the organizations provided in the law above men- tioned. But as this is not the case, it is necessary that conscription for local defense should replace volunteering. If Congress should decline to adopt this measure, which my sense of what is needed for the public defense forces me again to urge upon its attention, I am unable to perceive from what source we are to obtain the men necessary not only to repel raids but to relieve the large number of able-bodied soldiers now detailed from the Army for local service in the States. I trust that my conviction of the pressing necessity for this legisla- tion in aid of the public defense will be received by Congress as a sufficient justification for this renewal of the recommendation con- tained in the message addressed to you at the commencement of the present session. JEFFERSON DAVIS. OFFICE OF CHIEF DISTRICT COMMISSARY, Col. L. B. NORTHROP, Atlanta, Ga., February 13, 1864. Commissary- General of Subsistence, Richmond, Va.: COLONEL: I beg leave to inclose copies of a dispatch from Major French yesterday and my reply. In this connection I inclose the correspondence between Governor Brown and myself, embracing my letters of January 18 and February 1, and his replies of January 28 and February 6, and my rejoinder of February 12. Upon these prem- ises I propose to give you a succinct statement of the facts in the case. Some three months since Mr. R. P. Glenn, of the firm of Glenn, Carr & Wright, visited Richmond and proposed to distill whisky for this department, giving one gallon of whisky for every bushel of corn turned over to them. This agreement met with your approval and was entered into by me. I regarded it as the best that could possibly be made for the Government, the cheapest and in fact the only method by which a supply could be secured for this~epartment. Many, I may say hundreds, of contracts had be~en made to pay a stipulated price for whisky for this and other departments. They all led to an abuse of distillation, a failure to furnish the required quan- tity, which was in nearly every case attributed to the inability to procure grain. Of course when the grain is furnished no such excuse can be made. This plan, therefore, seemed to me the only reliable and practicable plan by which the wants of the department could be supplied. I thereupon made several other contracts upon the same terms. Soon afterward I was informed that the statutes of this State required the entire product of the grain to be furnished to the Con- federate States Government. I at once amended all contracts not in accordance with the statutes, requiring all whisky made from the grain turned over to the distiller to be furnished me, I paying a stipu- lated price, in no case exceeding that established by the commission- ers for any excess over five quarts to the bushel in most cases, an Page 116 116 CORRESPONDENCE, ETC. one gallon in the rest. As the correspondence shows, General John- ston held a conference with me and thought it advisable in certain contingencies to increase the supply of whisky to the army to content them with a deficiency of meat, which was then creating great dissat- isfaction. I thereupon addressed my letter of 18th to Governor Brown. After receiving his reply of 28th I sent my letter of Feb- ruary 1, simply with a desire to know whether he (or the State of Geor- gia) would interfere with the distillation of grain belonging to the Government. This letter brought out his extraordinary communica- tion of February 6. My first impulse was to reply in the same tone and spirit in which it was evidently conceived and written. A sense of duty, however, to my position dictated my reply of the 12th, and here the correspondence now rests. I wish now to state a few facts for your consideration. When the President was here some months since Governor Brown urged upon his aide, General Lee, the propriety of declaring all North Georgia impracticable, i. e., unable to furnish the tax in kind, or any other supplies, without distressing the inhabitants. Consent was given after some debate that certain counties should be so declared. Since the prospect of occupation by the enemy, and especially since the orders authorizing me to pay the market price for supplies, the patri- otic citizens of these counties have astonished me with their hidden treasures which they wish to sell or exchange for the same kind in the lower portion of the State. To be sure, the quantity is utterly inadequate to the supply of the army, but enough to satisfy my mind that when soldiers families suffer for bread it is solely be- cause the soldiers pay of $11 per month is not sufficient to pay the prices which these patriotic farmers have fixed upon their provisions. Below here thousands upon thousands of bushels of corn belonging to the Government will be lost for want of transportation unless it can be distilled and the slops used in feeding hogs and cattle. The weevil proved our friend last year in forcing the farmer to send his corn to market. This year it is proving our bane. Thousands of bushels collected from the tax in kind have come to this place weevil- eaten and only fit for making whisky. The corn was supposed to be of the last crop. On its arrival it has proved to be corn grown the previoas year, evidently hoarded and then substituted for just dues to the Government. From this stuff what can we expect to obtain except whisky, and what can we expect from the tithings of another year, unless those of the present are collected promptly and disposed of? In Gods name, say I, give the army amid the people all the bread they want, but let not the surplus be wasted and lost, and let enough be converted into whisky to supply the actual wants of the army. I say nothing more of the part I have taken in this matter except that I have tried to do my duty. In common with other departments I have experienced unlooked-for opposition from the State authori- ties. They seem bent on subordinating the best interests and suc- cess of the Confederacy to their self-conceived notions of justice and patriotism, and an insane desire to preserve the material interests and welfare of all citizens. My report of persomis employed by me you will receive in a few days through Major Locke. Very respectfully, & c., J. F. CUMMINGS, Major and Gommissary of Subsistence Page 117 CONFEDERATE AUTHORITIES. 117 [Inclosure No. 1.1 RICHMOND, February 12, 1864. Maj. J. F. CUMMINGS: Have you made any contracts for the manufacturing of whisky? If so, upon what terms? Reply immediately by telegraph. 13y order of Commissary-General: S. B. FRENCH, ]W2~jor and Commissary of Subsistence. [Inclosure No. 2.] ATLANTA, February 12, 1864. Maj. S. B. FRENCH, Richmond, Va.: I have contracts for about 3,000 gallons whisky per month. Terms, five quarts whisky for bushel corn, and the excess to be furnished me at commissioners price. I estimate the cost not to exceed $4 per gallon, and all whisky distilled by my contractors to be turned over to the Government. I write by mail. J. F. CUMMINGS, Major and Commissary of Subsistence. [Inclosure No. 3.] OFFICE OF CHIEF DISTRICT COMMISSARY, Atlanta, Ga., January 18, 1864. His Excellency JOSEPH E. BROWN, Milledgeville, Ga.: SIR: I have just returned from the front, where I have held a con- sultation with General Johnston about feeding the army. In the frequent want of animal food he has determined to issue rations of whisky, and to do this it is necessary for me to make contracts for the same in large quantities. I have already made several, and in all cases require contractors to furnish me the entire product of the grain turned over to them. My object in addressing you is to ascertain if, under the statutes of the State, any other steps are necessary to ena- ble my contractors to carry out their agreements. Please answer at your earliest convenience, as the demands upon me for whisky are urgent and beyond my present means of supply. Very respectfully, your obedient servant, J. F. CUM1VJINGS, Mc~jor and Commissary of Subsistence. [Inclosure No. 4.] OFFICE OF CHIEF DISTRICT COMMISSARY, Atlanta, Ga., February 1, 1864. His Excellency JOSEPH E. BROWN Governor, & c., ]lliilledgeville, Ga.: SIR: Yours of 28th received. I do not propose to use any but the corn of the tax in kind belonging to the Government in making whisky near the railroads and navigable streams. Will you please inform me at your earliest convenience whether you will attempt to prevent the distillation of grain belonging to the Confederate States Government, being receipts from the tax in kind, whenever an Page 118 118 CORRESPONDENCE, ETC. wherever they may deem proper? The army needs the whisky, and I am now unable to respond to the calls upon me. Very respectfully, J. F. CUMMINGS, Major and Comm~issary of Subsistence. [Inclosure No. 5.] EXECUTIVE DEPARTMENT, llifilledgeville, January 28, 1864. Maj. J. F. CUMMINGS: SIR: In reply to your letter I state that the laws of Georgia will not tolerate any such consumption of grain by distillation as you propose. When the country is so hard pressed for bread I shall order the prompt prosecution of every man who runs a still without a license from the State, and I shall grant no license to stills in Upper Georgia. The law only authorizes me to grant license to distill a small addi- tional qnantity by Confederate distillers, and these must be located in Southern and Southwestern Georgia, over twenty miles from a railroad or navigable stream. Very respectfully, JOSEPH E. BROWN. [Inclosure No. 6.] EXECUTIVE DEPARTMENT, ]Vfilledgevilie, Ga., February 6, 1864. Maj. J. F. CUMMINGS: SIR: Your letter inquiring whether I will attempt to prevent the distillation of grain belonging to the Confederate States Government, being receipts from the tax in kind, wherever and whenever they may deem proper, is received. In reply I have to state that it is as much a violation of the penal laws of this State for any person, no matter what his po~4tion may be, to distill Government corn in this State with- out a license from the Governor as it is to distill the corn of a citizen or to commit the crime of theft or swindling; and while I am responsible as the Executive of the State I shall attempt to execute her criminal laws as well as her civil. The Legislature of this State by express statute provided how much whisky and alcohol might be made of grain within the limits of the State for the Confederate Government, with the license of the Governor, bnt made it highly penal for any to be made without such license, and limited the quantity beyond which the license should not be granted by the Governor. It is therefore as much a violation of the criminal laws of this State for a Confederate officer to make whisky without a license as it is for any other person to do so. The ownership of the corn has nothing whatever to do with the question. You seem to think that because the corn is tithe corn the Government agents may distill it in violation of the criminal laws of the State without guilt. If so, why may they not distill corn purchased by the Government; and if they may do this, why may they not distill any which they choose to impress? The Government claims the ownership of the corn in the one case as well as the other. If it may distill tithe corn it may impress the bread out of the mouths of the wives and children of soldiers and distill that also. No such pretensions will be acquiesced in a moment by the State. You say the demand for whisky for the army s heavy. I reply, the demand for bread in the army and at home is much greater Page 119 CONFEDERATE AUTHORITIES. 119 One thing is very certain, there is not corn enough in the country to furnish the people and the army with rations of bread and whisky. One or the other must be dispensed with, and in my judgment no man connected with the army, unless he is a toper, or expects to make money out of the distillation, can hesitate to decide in favor of bread. If the question is left to the decision of a soldier who is a man, whether he shall have his drink of whisky in camp or his wife and children shall have bread at home, there will be no hesitation. He will decide in favor of bread. I have lately been through Upper, Middle, and Southwestern Georgia, and have observed closely, and I am quite sure the prospects of suffering for bread are alarming. In this state of things I feel that I should merit the censure of all good men if I were to allow more corn distilled into whisky than is actually necessary for hospital purposes. What whisky is made under license hereafter to be granted must be made in Southern or South- western Georgia, and made as the statute requiresof grain grown over twenty miles from a railroad or navigable stream. If the Gov- ernment converts the tithe corn of Upper Georgia into whisky, it must take from the people by impressment as many bushels as it thus destroys for the use of the army. Hence the mischief is just as great as if it distilled corn which its officers have impressed. Another very serious objection to leaving this matter to your dis- cretion is, if I am not incorrectly informed, that you consume one and one-half times more corn than is necessary. I am informed that the rule is to deliver the Government corn to the distiller, and receive in exchange for a bushel of corn one gallon of whiskypossibly in some cases five quarts. Persons who are practical distillers tell me that a bushel of corn will make two and one-half gallons of as good whisky as is now generally selling in the market at about $50 per gallon. Thus you give the distiller, if no Government officer has any part of the profits, $75 per bushel to distill the Government corn, as he can make one gallon for you and one and one-half for himself. Suppose the Government wants 25,000 gallons of whisky. This can be made of 10,000 bushels of corn. Then why distill 25,000 bushels of corn to get 25,000 gallons? Why not consume only 10,000 bushels of corn and pay the distiller a reasonable compensation in money and leave the other 15,000 bushels for bread? If these kinds of contracts are continued while the poor are suffering for bread, the country will ask, and have a right to an answer, why it is so. The laws of Georgia and regulations of this department have wisely, I think, provided against this kind of favoritism or fraud. They require the distiller who has a license to distill for the~Confederate Government to deliver every gallon made out of the grain to the Gov- ernment, and allow him to retain none of it for speculation. The Government pays him a stipulated price in money for his labor, and he is required before he gets the license to file his affidavit in writing that he will make no more than is mentioned in the license, and that he will deliver it all to the Government. Why should a Confederate officer object to having the distiller put upon these terms, and prefer to give him a bushel of corn for a gallon of whisky? He who does so object and attempts to engage in or encourage such unreasonable speculation, if not peculation, in defiance of the penal laws of this State, must expect to suffer the penalties which the law prescribes. If you have occasion to complain of this decision to your superior officers, you will be expected to furnish them a copy of this letter. Respectfully, JOSEPH E. BROWN Page 120 120 CORRESPONDENCE, ETC. [Inclosure No. 7.] OFFICE OF CHIEF DISTRICT COMMISSARY, February 12, 1864. His Excellency JOSEPH E. BROWN, Governor, & c., Milledgevill~, Ga.: SIR: I have the honor to acknowledge the receipt of your commu- nication of 6th instant, which has been carefully noticed. I ant convinced from the tenor of your letter that you have entirely mis- construed both my motives and action. On the 18th of January I addressed you a plain inquiry, and stated that my contractors would be required to furnish me the entire prod- uct of all grain turned over to them. My subsequent coinmunica- tion of February 1 I addressed to you to obtain further information, and not with the most remote idea of aiding or abetting in setting at defiance the laws of the State. My letters were conceived and, as I think, couched in respectful and courteous language. Their aim was to avoid any confusion or clashing between the State and Confederate authorities, and if possible secure such concert of action as would enable me to carry out the orders received at headquarters. Since I have been a commissioned officer I have ever tried to devote my ener- gies and industry to a faithful discharge of the arduous and often thankless duties of my position. I am satisfied from the tone of your letters that my operations have been misrepresented to you and my motives impugned, and therefore write to disabuse your mind on this point. My first contracts, not having been in strict accordance with law, were amended so soon as I was advised of the fact by our mutual friend, Major Steele. None have since been made that did not, as I conceived, conform strictly to the statutes of the State. My contracts altogether thus far would not consume over 3,000 bushels of corn per month, a large portion of which will be refuse and weevil-eaten and wholly unfit for bread or stock feed. I expect to feed Govern- ment stock, hogs and cattle, with the slops, which are better for them than the corn before distillation. My object in all cases is to use corn not fit for bread, and as far as possible place distilleries in localities where it could not be moved out and would be destroyed and lost to the Government. With this statement of facts, I beg leave to say that any insinuation of complicity in fraud and corruption on my part are false and slan- derous, and I should be obliged to you for the names of the parties who have made them, at your earliest convenience, in order that I may properly vindicate myself. Our mutual friend General Foster, thinking that there was a needless waste of grain in making whisky, addressed a letter to the Secretary of War, which was subsequently referred to me. I have had an interview with him, and he is now satisfied with the terms of my contracts and will write you on the subject. Very respectfully, & c., J. F. CUMMINGS, Major and Gommissary of Subsistence Page 121 CONFEDERATE AUTHORITIES. 121 POSTOFFICE DEPARTMENT, Richmond, February 15, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have been prevented from making an earlier answer to yonr letter of the 3d instant, partly by ill-health and partly by the pres- sure of other duties. In relation to the case of the postmaster at Ivor, Va., about which I wrote you oii the 7th of January, an inves- tigation subsequently made by a special agent of this Department shows that the complaint of the postmaster was without just founda- tion. It is therefore proper for me to withdraw my request for the interposition of your authority in this case. In relation to the cases presented in my letter of October 19 and November 17, our under- standing of the object had in view in the passage of the law of April 14, 1863, exempting contractors for carrying the mails, & c., from military service, and of its correct interpretation, are so different that I deeni it proper to state such reasons as occur to me in support of the views presented in my former letters and in answer to yours. The only point on which there seems to be a difference of opinion between us is as to whether persons who become contractors while in the military service are entitled to exemption while they remain such contractors. I should say, in passing, that the questions were raised by officers executing the law of conscription which were in my mind as well as the one above stated, when in my letter of October 19 I said that this Department has been very much annoyed by the impediments, seemingly of every possible kind, which have been thrown in its way by the action of the conscript officers of perfecting the contracts made during the past summer for carrying the mails. For instance, while it was assumed that no one was entitled to exemp- tion who was in the military service at the time of making a contract, it was also assumed that no one was entitled to exemption who had not an existing contract at the date of the passage of the act exempt- ing contractors; and in a nuni ber of cases contractors who had become such in July preceding the passage of the act of April 14, 1863, were arrested and held for military service by the conscript officers. Repeated cases of these kinds were brought to the attention of this Department. To have carried out these constructions would have entirely defeated the purposes of the law. This will be better under- stood by a statement of the necessity and reasons which induced the passage of the law. On the 11th of October, 1862, Congress repealed the act of April 21, 1862, which exempted mail contractors from the performance of mili- tary service. Bids were to be receiVed to the 31st of March, and con- tracts were to be awarded on the 30th of April, 1863, pursuant to previous notice by advertisement for carrying the mails for four years, from the 1st of July, 1863, in the States of Virginia, North Carolina, South Carolina, Georgia, and Florida. There were 887 routes to be let to contract at that time in these States. On the 11th of March, within twenty days of the expiration of the time for receiv- ing bids, only 114 bids for these contracts had reached this Depart- ment, being 773 less than the number open to competition. The then increasing depreciation of our currency deterred persons from taking contracts at a fixed rate of compensation for the period of four years as a mere business operation, and the question had to be met ~vhether the 4overnmnent would allow the postal service to go down, or, t Page 122 122 CORRESPONDENCE, ETC. prevent this, would exempt persons from military service who would take contracts to carry the mail. My recommendation to Congress, through the President, for the passage of a law to exempt contractors presented precisely this case as creating the necessity for such a law, and for these reasons, and to meet this ~tecessity, Congress passed and the President approved this law. The policy of exempting mail contractors from military service was determined by the proper law- making authority, upon a case presented and on facts distinctly set forth, so that it is impossible to misunderstand the object of the law. Your objection is, however, that though this may be true as to those not enrolled in the military service at the time of making contracts with this Department, it has not the effect of exempting such persons as were in the military service at the time of making such contracts. On this point I might rest the case on the decision and authority of the Confederate and State courts, notwithstanding the opinion expressed in your letter that by every rule of reason and usage the settled construction given by an Executive Department of the Gov- eminent to an act of Congress for its action is entitled to more consideration and weight of authority than an exposition by a subor- dinate judicial tribunal. I must express my dissent from the cor- rectness of the principle announced in the lines above quoted. The true rule, as I understand it, is that the settled construction of an act of Congress by the department of Government charged with its execution, is strong persuasive evidence to the courts in favor of the correctness of that construction in cases of doubt. But under our system of Government this is the first case in which I ever heard of the assumption by any one that the construction of an act of Con- gress by an Executive Department of the Government was entitled to more consideration and weight of authority than its exposition by a judicial tribunal of competent jurisdiction. I use the expres- sion of competent jurisdiction instead of the expression sub- ordinate judicial tribunal, because the decision of a judge of the district court of the Confederate States in a case over which he has rightful jurisdiction is conclusive as to the right of the Govern- ment and all of its departments, and of all other parties to the suit, until appealed from and reversed. Such is the effect in the case Ex parte Lane, decided in the Confederate district court held in this city, a copy of the opinion in which case I sent you with my letter of October 19. I have not been furnished with copies of the opiiiions of any other courts on this subject, but have seen in the newspapers and learned from other sources what purported to be the leading points in a decision made by the supreme court of the State of Geor- gia, which showed that that court had decided in a similar case to that of Lane, that a contractor for carrying the mails, though in the military service at the time the contract was made, was entitled under the law of April 14, 1863, to exemption. The same decision was made by a State court of Virginia of competent jurisdiction in the cases of John Surface and John C. Kiuzer, and I have seen from the newspapers and heard from other sources that similar decisions have been muade in several other courts in different States, while I have omily heard of one judge of a State court who held a contrary opinion. So far, therefore, assuming this information to be correct, the authority of the courts would seem to be almost uniform against your construction of the act of 14th of April, 1863, exempting mail contractors. I doubt not that this law has been so conclusively, set- tled by the courts that a disregard of the principles of these decisions by an officer of the Army by attempting to coerce military servic Page 123 CONFEDERATE AUTHORITIES. 123 from a mail contractor would lay him liable to a civil suit in damages for an unlawful arrest and false imprisonment. And they certainly seem sufficiently conclusive to control the action of the Executive Departments of the Government, if the courts are to be regarded as the expositors of the law, and if the military is subordinate to the civil authority. If the doctrine should prevail that the con- struction of statutes by the Executive Departments of the Government is of paramount authority to the decisions of courts of competent jurisdiction, then there is an end, of course, to civil liberty, except in so far as it may be enjoyed by the forbearance of those depart- ments. The form of our Government does not admit of this, nor would our people endure it. But if it were admitted that the con- struction of this statute by the departments could override judicial decisions, would the construction of the War Department or that of the Post-Office Department prevail? Each is interested, and who should determine which is the more interested? There must be an arbiter of this question. If this arbitrament is to depend on the pos- session of soldiers and bayonets, then of course it is a question not of law and right, but of force and power. But if the courts of the country are to be the arbiters, then the question is one for judicial solution, according to law and the principles of justice. You inform me that the views of this (the War) Department on this question of construction have been given fully in answer to a resolution of the House of Representatives during the present session, and unless Congress shall otherwise direct, these views will continue, as heretofore, to be the rule of its action. I have not seen your response to the resolution of the House on this subject, and would in nowise feel l5ound by a document never brought to my notice, and which, while entitled to respect, is of no more binding authority than the opinion of a coequal branch of the Executive Government. The fact that Congress passed the law exempting mail contractors, with the express understanding that it was necessary to deprive the Army of the service of this small number of men who were necessary to keep up the postal service, and that the courts have decided that such was the effect of the law they passed, together with my protest in my last report to Congress against the action of the military authorities on the subject, are deemed sufficient to preserve the rights of this Department against any supposed assent to adverseviews; and besides, it cannot rightly be assumed that Congress consents to the correctness of the interpretation of a law by one of the depart- ments because it omits to legislate in response to said inJ~erpretation. It may well and properly leave the determination of the question as to the correctness of such interpretation to the courts, where alone the question can be authoritatively decided. I refer you to the opinion of Judge Halyburton in the case of Lane for the reasons which sustain this construction of the act of April 14, 1863, to save the trouble of copying or restating them. In reference to your suggestion that the act of April 2, 1863, authorizing the dis- charge of certain officers from the military service throws additional light upon the proper construction of the acts of October 11, 1862, and 14th of April, 1863, 1 would say that the force of this suggestion seems to consist in a supposed distinction created by the use of the word discharge~ in the act of April 2, and the word exempt~ in the act of April 14. On this point I quote from the opinion of Judge ilalyburton: It is said by the counsel for Captain Follen (the conscript officer) that the act referred to does not discharge persons who were in the service at the tim Page 124 ~24 CORRESPONDENCE, ETC. when the contract was made, but only extends to those who had entered into contracts before their enlistment; that if Congress had meant to release those who were already in service, the word discharge would have been used, and not the word exempt, which, it is said. is inappropriate in such a case. The word exempt, however, is not a technical term. It does not bear in a statute a different construction from that which belongs to it in common speech, and the lexical definition of the word along with other meanings is free from service, charge, burden, tax, duty, & c., not liable to. If, then, it were meant to release or discharge from service a soldier who is already in service, it would be not only an intelligible but a correct expression to say that he should hereafter be exempt from duty; that is, to say free from duty or service. If Congress had meant that the act to which we have referred should extend to men in actual service alone, they might perhaps, and probably would, have used the word discharged instead of exempt. If, however, they intended that the law should embrace not only persons in the service, but others not enrolled, the word discharged from the service would have been inapplicable. Nor does it occur to me that they could have so well expressed their meaning in such a case by any other word as by the word exempt without a periphrasis. This reasoning seems to me to be sound and to dispose of the ques- tion. It is conceded that when one enters the military service for a time agreed on, either voluntarily or by conscription, he cannot, by entering into new engagements without the consent of the Govern- ment, avoid his liability to serve out his time. Hence the necessity for the passage of the law of the 2d of April above referred to. And it was equally competent for Congress to exempt those who were in the military service, or liable to be enrolled, in order that the Gov- ernment might have the benefit of their services in carrying the mails, by the act of April 14, 1863. I have discussed this subject at this length more because of the principles involved than on account of the small number of men who may happen hereafter to be employed by this Departmefit who would otherwise be liable to service in the Army. In my letter to you of October 19 I said: I may also mention that there will be no other general letting of mail contracts until the summer of the year 1866, and only such additional contracts will have to be made as are rendered necessary when present contractors abandon the serv- ice; and these, it is hoped, will be but few. In my last annual report it is shown that there are but 1,253 con- tractors for carrying the mails in the Confederate States, and that of these only 147 had obtained contracts at nominal rates of compensation. These are presumed to be persons otherwise liable to military serv- ice, but I have no means of knowing what proportion of them were in the .military service when they entered into contracts. I said in this report: I recognize fully the necessity of calling into the military service all who are capable of bearing arms and who can be spared from other employments. But under this law the number to be exempted was too small to affect materially the military operations, and yet the exemption of that small number, under the circumstances which induced the adoption of the policy, was necessary to keep in successful operation the postal service and to satisfy the demands of the public by the proper and speedy transmission of intelligence. I have no subsequent information which requires a change of the views expressed in the above extract. I may add that this Depart- ment is not singular in being compelled to ask for the services of per- sons otherwise liable to military duty. A number of contracts, it is understood, have been made by the War Department to supply its necessities which involve exemption. And this has doubtless been the case with other departments. Some public necessities must be met in this way at a time when so large a part of the male populatio Page 125 CONFEDERATE AUTHORITIES. 125 of the country is called into the field. I will, in all cases in which it is practicable, avoid the employment of persons in the service of this Department who are either in the Army or liable to enrollment, as I sympathize most fully with your efforts to fill up the Army. In reference to your request that I designate all the contractors where the parties have been discharged from the military service on writs of habeas corpus, in order that they may be reclaimed by the military authorities, I have to say that if I thought it right to aid in disregarding the judicial decisions by which these persons were dis- charged, I have no information which would enable me to comply with your request, except in a very few cases which have incidentally come to my knowledge. We receive bids and award contracts in the great mass of cases without seeing or knowing the contractors, and without any means of knowing whether they are in the military serv- ice or liable to enrollment, except as we infer from the low rates of their bids, and without any means of knowing who have been dis- charged on habeas corpus. But you will see from the foregoing that I do not think it would be proper to adopt the course you suggest. With great respect, your obedient servant, JOHN II. REAGAN, Postmaster- General. AUGUSTA, GA., February 16, 1864. Hon. JAMES A. SEDDON, Secretary of War: Mr. SEDDON: I beg your permission to write a few words, after the style of a plain, unofficial, but earnest man, writing to a man of prac- tical wisdom. I feel, as intensely as it is possible to feel, the vital necessity of striking hard blows now, and striking at as many points and in as many ways as possible, so as to aid our cause and save our country. I have perfected my plans and distributed my men, with means improvised for the purpose (since the Government has not as yet paid our force any money), and between the 1st and 15th of March, on the same day, I propose to destroy the enemys transports, arsenals, navy- yards, stores, & c.,in accordance with the outline of the plan I gave you in December. I beg that this plan be borne in mind as our link in the chain bf testimony in favor of our force. On the same day at all points we mean to strike effectually, so as to exert an influence upon the spring campaign. Hon. John B. Clark did me the kindness to advise me by letter that the Senate had passed a billhe did not state its provisionswhich might aid in facilitating my plans, which he supposed would also be passed by the House. This led me to conclude it was the bill which you informed me in our latest interview you would propose and sub- mit to the Military Committee, for the purpose of putting this secret service upon a systematic and legal footing, and then would give me those facilities which I asked in some written propositions submitted at your suggestion. Mr. Seddon, please do me the kindness to take ten minutes of your overtaxed time, and give me the commission or order or direction or authority or recognition which will emiable me to prosecute this work vigorously and systematically, and I promise you to render a good account of our labors Page 126 126 CORRESPONDENCE, ETC. I visit my family for a few days, with whom I have spent one week in two and a half years. I shall be much gratified to receive your orders, and for twenty days to come my address will be Hebron, S. C. With great respect, & c., JOSEPH W. TUCKER. [FEBRUARY 16, 1864.For Magruder to Smith, with reference to the action of the Governor and Legislature of Texas in relation to the transfer of State troops to the Confederate service, see Series I, Vol. XXXIV, Part II, p. 973.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 17, 1864. Hon. JOHN H. REAGAN, Postmaster- General: SIR: I have received your favor of the 25th [15th] instant in reply to mine of the 3d instant. It has received the consideration due alike from my personal respect toward yourself, the importance of the principles involved, and the ability with which your views are presented. It is evident that further discussion between us will not result in a change of opinions now held, and, while I am unable to concur with you, I have no hope of inducing you to agree with me, so that no good could result from any review of your letter. I am pleased to learn from you of your being satisfied that the com- plaint of the postmaster at Ivor was not well founded, and thank you for the frankness with which it was communicated. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. Address of C~ongress to the people of the Confederate States. JOINT RESOLUTION in relation to the war. Resolved by the Congress of the Confederate States of America, That the present is deemed a fitting occasion to remind the people of the Confederate States that they are engaged in ~ struggle for the preservation both of liberty and civilization; and that no sacrifice of life or fortune can be too costly which may be requisite to secure to themselves and their posterity the enjoyment of these inappreciable blessings; and also to assure them that, in the judgment of the Con- gress, the resources of the country, if developed with energy, hus- banded with care and applied with fidelity, are more than sufficient to support the most protracted war which it can be necessary to wage for our independence; and to exhort them, by every consideration which can influence freemen and patriots to a magnanimous surrender of all personal and party feuds; to an indignant rebuke of every exhibition of factious temper, in whatever quarter, or upon whatever pretext it may be made; to a generous support of all branches of the Government in the legitimate exercise of their constitutional powers; and to that harmonious, unselfish, and patriotic co-operation whic Page 127 CONFEDERATE AUTHORITIES. 127 can alone impart to our cause the irresistible strength which springs from united councils, fraternal feelings, and fervent devotion to the public weal. Approved January 22, 1864. In closing the labors of the first permanent Congress your repre- sentatives deem it a fit occasion to give some account of their stew- ardship; to review briefly what, under such embarrassments and adverse circumstances, has been accomplished; to invite attention to the prospect before us, and the duties incumbent on every citizen in this crisis, and to address such words of counsel and encouragement as the times demand. Compelled by a long series of oppressive and tyrannical acts, cul- minating at last in the selection of a President and Vice-President by a party confessedly sectional and hostile to the South and Fer institutions, these States withdrew from the former Union and formed a new Confederate alliance as an independent Government, based on the proper relations of labor and capital. This step was taken reluc- tantly, by constraint, and after the exhaustion of every measure that was likely to secure us from interference with our property, equality in the Union, or exemption from submission to an alien Government. The Southern States claimed only the unrestricted enjoyment of the rights guaranteed by the Constitution. Finding, by painful and pro- tracted experience, that this was persistently denied, we determined to separate from those enemies who had manifested the inclination and ability to impoverish and destroy us. We fell back upon the right for which the Colonies maintained the war of the Revolution, and which our heroic forefathers asserted to be clear and inalienable. The unanimity and zeal with which the separation was undertaken and perfected finds no parallel in history. The people rose en masse to assert their lib- erties and protect their menaced rights. There never was before such universality of conviction among any people on any question involv- ing so serious and so thorough a change of political and international relations. This grew out of the clearness of the right so to act, and the certainty of the perils of further association with the North. The change was so wonderful, so rapid, so contrary to universal history, that many fail to see that all has been done in the logical sequence of principles, which are the highest testimony to the wisdom~ of our fathers and the best illustration of the correctness of those princi- ples. This Government is a child of law instead of sedition, of right instead of violence, of deliberation instead of insurrection. Its early life was attended by no anarchy, no rebellion, no sj~mspension of authority, no social disorders, no lawless disturbances. Sovereignty was not for one moment in abeyance. The utmost conservatism marked every proceeding and public act. The object was to do what was necessary, and no more; and to do that with the utmost temperance and prudence. Saint-Just, in his report to the convention of France, in 1793, said: A people has but one dangerous enemy, and that is government. We adopted no such absurdity. In nearly every instance the first steps were taken legally, in accordance with the will and prescribed direction of the constituted authorities of the seceding States. We were not remitted to brute force or natural law, or the instincts of reason. The charters of freedom were scrupulously preserved. As in the English revolution of 1688, and ours of 1776, there was no material alteration in the laws beyond what was necessary to redress the abuses that provoked the struggle. No attempt was mad Page 128 128 CORRESPONDENCE, ETC. to build on speculative principles. The effort was confined within the narrowest limits of historical and constitutional right. The con- troversy turned on the records and muniments of the past. We merely resisted innovation and tyranny, and contended for our birth- rights and the covenauted principles of our race. We have had our Governors, General Assemblies, and courts; the same electors, the same corporations, the same rules for property, the same subordina- tions, the same order in the law and in the magistracy. When the sovereign States met in council they, in truth and substance and in a constitutional light, did not make but prevented a revolution. Commencing our new national life under such circumstances, we had a right to expect that we would be permitted, without molesta- tion, to cultivate the arts of peace, and vindicate, on our chosen arena and with the selected type of social characteristics, our claims to civilization. It was thought, too, by many, that war would not be resorted to by an enlightened country except on the direst neces- sity. That a people, professing to be animated by Christian sentiment, and who had regarded our peculiar institution as a blot and blur upon the fair escutcheon of their common Christianity, should make war upon the South for doing what they had a perfect right to do, and for relieving them of the incubus which, they professed, rested upon them by association, was deemed almost beyond belief by many of our wisest minds. It was hoped, too, that the obvious interests of the two sections would restrain the wild frenzy of excitement, and turn into peaceful channels the thoughts of those who had but recently been invested with power in the United States. These reasonable anticipations were doomed to disappointment. The red glare of battle, kindled at Sumter, dissipated all hopes of peace, and the two Governments were arrayed in hostility against each other. We charge the responsibility of this war upon the United States. They are accountable for the blood and havoc and ruin it has caused. For such a war we were not prepared. The difference in military resources between our enemies and ourselves; the immense advantages possessed in the organized machinery of an established Government, a powerful navy, the nucleus of an army, credit abroad, and illimitable facilities in mechanical. and manufacturing power, placed them on the vantage ground. In our infancy we were without a seaman or soldier, without revenue, without gold and silver, without a recognized place in the family of nations, without external commerce, without foreign credit, with the prejudices of the world against us. While we were without manufacturing facilities to supply our wants, our ports were blockaded; we h~d to grapple with a giant adversary, defend 2,000 miles of sea-coast, and an inland frontier of equal extent. If we had succeeded in preventing any successes on the part of our enemy, it would have been a miracle. What we have accomplished, with a population so inferior in num- bers and means so vastly disproportionate, has excited the astonish- ment and admiration of the world. The war in which we are engaged was wickedly, and against all our protests and the most earnest efforts to the contrary, forced upon us. South Carolina sent a commission to Washington to adjust all ques- tions of dispute between her and the United States. One of the first acts of the Provisional Government was to accredit agents to visit Washington and use all honorable means to obtain a satisfactory set- tlement of all questions of dispute with that Government. Both efforts failed. Commissioners were deceived and rejected, and clan Page 129 CONFEDERATE AUTHORiTIES. 129 destine but vigorous preparations were made for war. In proportion to our perseverance and anxiety have been the obstinacy and arro- gance in spurning offers of peace. It seems we can be indebted for nothing to the virtues of our enemy. We are obliged to his vices, which have inured to our strength. We owe as much to his insolence and blindness as to our precaution. The wager of battle having been tendered, it was accepted. The alacrity with which our people flew to arms is worthy of all praise. Their deeds of heroic daring, patient endurance, ready submission to discipline, and numerous victories, are in keeping with the fervent patriotism that prompted their early volunteering. Quite recently scores of regiments have re-enlisted for the war, testifying their determination to fight until their liberties were achieved. Coupled with and contributing greatly to thi~ enthusiastic ardor was the lofty courage, the indomitable resolve, the self-denying spirit of our noble women, who, by their labors of love, their patience of hope, their unflinching constancy, their uncomplaining submission to priva- tions of the war, have shed an immortal luster upon their sex and com~intry. Our Army is no hireling soldiery. It comes not from paupers, criminals, or emigrants. It was originally raised by the free, uncon- strained, unpurchasable assent of the men. All vocations and classes contributed to the swellimig numbers. Abandoning luxuries and com- forts to which they had been accustomed, they submitted cheerfully to the scanty fare and exactive service of the camps. Their services above price, the & nly remuneration they have sought is the protection of their altars, firesides, and liberty. In the Norwegian wars the actors were, every one of them, named and patronymically described as the Kings friend and companion. The same wonderful individu- ality has been seen in this war. Our soldiers are not a consolidated mass, an unthinking machine, but an army of intelligent units. To designate all who have distinguished themselves by special valor would be to enumerate nearly all in the Army. The generous rivalry between the troops froni different States has prevented any special pre-eminence, and hereafter, for centuries to come, the gallant bear- ing and uncomiquerable devotion of Confederate soldiers will inspire the hearts and encourage the hopes and strengthen the faith of all who labor to obtain their freedom. For three years this cruel war has been waged against us, and its continuance has been seized upon as a pretext by some discontented persons to excite hostility to the Government. Recent and public as have been the occurrences, it is strange that a mnisappreh~nsion exists as to the cofiduct of the two Governments in reference to peace. Allusion has been made to the unsuccessful efforts, when separation took place, to procure an amicable adjustment of all matters in dis- pute. These attempts at negotiatiomi do not comprise all that has been done. In every form in which expression could be given to the sentiment, in public meetings, through the press, by legislative m~esolves, the desire of this people for peace, for time uninterrupted enjoyment of their rights and prosperity, has been made known. The President, umore authoritatively, in several of his messages, while pro- testing the utter absence of all desire to interfere with the United States, or acquire any of their territory, has avoxved that the advent of peace will be hailed with joy. Our desire for it has never been concealed. Our efforts to avoid the war, forced on us as it was by the 9 H RSERIES iv, VOL II Page 130 130 CORRESPONDENCE, ETC. lust of conquest and the insane passions of our foes, are known to mankind. The course of the Federal Governmeiit has proved that it did not desire peace, and would not consent to it on any terms that we could possibly concede. In proof of this we refer to the repeated rejection of all terms of conciliation and compromise, to their recent contemp- tuous refusal to receive the Vice-President, who was sent to negotiate for softening the asperities of war, and their scornful rejection of the offer of a neutral power to mediate between the contending parties. * If cumulative evidence be needed, it can be found in the following resolution, recently adopted by the House of Representatives in Washington: Resolved, That as our country and the very existence of the best Government ever instituted by man are imperiled by the most causeless and wicked rebellion that the world has seen, and believing, as we do, that the only hope of saving this country and preserving this Government is by the power of the sword, we are for the most vigorous prosecution of the war until the Constitution and the laws shall be enforced and obeyed in all parts of the United States; and to that end we oppose any armistice or intervention or mediation or proposition for peace from any quarter, so long as there shall be found a rebel in arms against the Gov- ernment; and we ignore all party names, lines, and issues, and recognize but two parties in this warpatriots and traitors. The motive of such strange conduct is obvious. The Republican party was founded to destroy slavery and the equality of the States, and Lincoln was selected as the instrument to acconiplish this object. The Union was a barrier to the consummation of this policy, because the Constitution, which was its bond, recognized and protected slav- ery and the sovereignty of the States. The Union must, therefore, be sacrificed, and to insure its destruction war was determined on. The mass of the Northern people were not privy to, and sympathized innosuchdesign. TheylovedtheUnionandwishedtopreserveit. To rally the people to the support of the war its object was proclaimed to be a restoration of the Union, as if that which implied voluntary assent, of which agreement was an indispensable element and con- dition, could be preserved by coercion. It is absurd to pretend that a Government really desirous of restoring the Union would adopt such measures as the confiscation of private property, the emancipa- tion of slaves, systematic efforts to invite them to insurrection, forcible abdi~ction from their homes, and compulsory enlistment in the Army, the division of a sovereign State without its consent, and a proclama- tion that one-tenth of the population of a State, and that tenth under military rule, should control the will of the remaining nine-tenths. The only relation possible between the two ,sectio~s under such a policy is that of conqueror and conquered, superior and dependent. Rest assured, fellow-citizens, that although restoration may still be used as a war cry by the Northern Government, it is culy to delude and betray. Fanaticism has summoned to its aid cupidity and ven- geance, and nothing short of your utter subjugation, the destruction of your State governments, the overthrow of your social and political fabric, your personal and public degradation and ruin, will satisfy the demands of the North. Can there be a man so vile, so debased, so unworthy of liberty as to accept peace on such humiliating terms? It would hardly be fair to assert that all the Northern people par- ticipate in these designs. On the contrary, there exists a powerful political party which openly condemns them. The administration has, however, been able thus far, by its enormous patronage and its * For correspondence relating to this subject, see Series II, Vol. VI Page 131 CONFEDERATE AUTHORITIES. 131 lavish expenditures, to seduce, or by its legions of Hessian~~ merce- naries to overawe, the masses, to control the elections, and to estab- lish an arbitrary despotism. It cannot be possible that this state of things can continue. The people of the United States, accustomed to freedom, cannot consent to be ruined and enslaved in order to ruin and enslave us. Moral like physical epidemics have their allotted periods, and must sooner or later be exhausted and disappear. When reason returns our enemies will probably reflect that a people like ours, who have exhibited such capabilities and extemporized such resources, can never be subdued; that a vast expanse of terri- tory with such a population cannot be governed as an obedient colony. Victory would not be conquest. The inextinguishable quarrel would be transmitted from bleeding sire to son, and the struggle would be renewed between generations yet unborn. To impoverish us would only be to dry up some of the springs of Northern pros- perityto destroy Southern wealth is to reduce Northern profits while the restoration of peace would necessarily re-establish some commercial intercourse. It may not be amiss in this connection to say that at one time it was the wish and expectation of many at the South to form a treaty of amity and friendship with the Northern States, by which both peoples might derive the benefits of commercial intercourse and move on side by side in the arts of peace and civil- ization. History has confirmed the lesson taught by Divine authority, that each nation as well as each individual should seek their happi- ness in the prosperity of others, and not in the injury or ruin of a neighbor. The general welfare of all is the highest dictate of moral d aty and economic policy, while a heritage of triumphant wrong is the greatest curse that can befall a nation. Until some evidence is given of a change of policy on the part of the Government, and some assurance is received that efforts at nego- tiation will not be spurned, the Congress are of opinioii that any direct overtures for peace would compromise our self-respect, be fruitless of good, and interpreted by the enemy as an indication of weakness. We can only repeat the desire of the people for peace, and our readiness to accept terms consistent with the honor and dig- nit~y and independence of the States and compatible with the safety of our domestic institutions. Not content with rejecting all proposals for a peaceful settlement of the controversy, a cruel war of invasion was commenced, which, in its progress, has been marked by a brutality and disregard of the rules of civilized warfare that stand out in unexampled barbar- ity in the history of modern wars. Accompanied by ~every act of cruelty and rapine, the conduct of the enemy has been destitute of that forbearance and magnanimity which civilization and Christianity have introduced to mitigate the asperities of war. The atrocities are too incredible for narration. Instead of a regular war, our resistance of the unholy efforts to crush otit our national existence is treated as a rebellion, and the settled international rules between belligerents are ignored. Instead of conducting the war as betwixt two military and political organizations, it is a war against the whole population. Houses are pillaged and burned. Churches are defaced. Towns are ransacked. Clothing of women and infants is stripped from their persons. Jewelry and mementoes of the dead are stolen. Mills and implements of agriculture are destroyed. Private salt-works are brokemi up. The introduction of medicines is forbidden. Means of subsistence are wantonly wasted to produce beggary. Prisoners ar Page 132 132 CORRESPONDENCE, ETC. returned with contagious diseases. The last morsel of food has been taken from families, who were not allowed to carry on a trade or branch of industry. A rigid and offensive espionage has been intro- duced to ferret out disloyalty. Persons have been forced to choose between starvation of helpless children and taking the oath of alle- giance to a hated Government. The cartel for exchange of prisoners has been suspended and our unfortunate soldiers subjected to the gross- est indignities. The wounded at Gettysburg were deprived of their nurses and inhumanly left to perish on the field. Helpless women have been exposed to the most cruel outrages and to that dishonor which is infinitely worse than death. Citizens have been murdered by the Butlers and MeNeils and Milroys, who are favorite generals of our enemies. Refined and delicate ladies have been seized, bound with cords, imprisoned, guarded by negroes, and held as hostages for the return of recaptured slaves. Unoffending non-combatants have been banished or dragged from their quiet homes, to be immured in filthy jails. Preaching the gospel has been refused, except on conditions of taking the oath of allegiance. Parents have been forbidden to name their children in honor of rebel chiefs. Property has been confiscated. Military governors have been appointed for States, satraps for provinces, and Haynaus for cities. These cruelties and atrocities of the enemy have been exceeded by their malicious and bloodthirsty purposes and machinations in refer- ence to the slaves. Early in this war President Lincoln averred his constitutional inability and personal unwillingness to interfere with the domestic institutions of the States and the relation between master and servant. Prudential considerations may have been veiled nuder conscientious scruples, for Seward, in a confidential instruction to Mr. Adams, the minister to Great Britain, on 10th of March, 1862, said: If the Government of the United States should precipitately decree the imme- diate abolition of slavery, it would reinvigorate the declining insurrection in every part of the South. Subsequent reverses and the refractory rebelliousness of the seceded States caused a change of policy, and Mr. Lincoln issued his cele- brated proclamation, a mere brutum fuimem liberating the slaves in the insurrectionary districts. On the 24th of June, 1776, one of the reasons assigned by Pennsylvania for her separation from the mother country was that in her sister colonies the King had excited the negroes to revolt and to imbrue their hands in the blood of their masters in a manner unpracticed by civilized nations? This, prob- ably, had reference to the proclamation of Dunmore, the last royal Governor of Virginia, in 1776, declaring freedom to all servants or negroes, if they would join for the reducing the colony to a proper sense of its duty. The invitation to the slaves to rise against their masters, the suggested insuryection, caused, says Bancroft, a thrill of indignation to run through Virginia, effacing all differences of party, and rousing one strong, impassioned purpose to drive away the insolent power by which it had been put forth. A contemporary annalist, adverting to the same proclamatiQn, said, It was received with the greatest horror in all the colonies. The policy adopted by Dunmore, says Lawrence in his Notes on Wheaton, of arming time slaves against their masters was not pur- sued during the war of the Revolution; and when negroes were taken by the English they were not considered otherwise than as property and plunder. Emancipation of slaves as a war measure has bee Page 133 CONFEDERATE AUTHORITIES. severely condemned and denounced by the most eminent publicists in Europe and the United States. The United Slates, in their diplo- inatic relations, have ever maintained, says the Northern authority just quoted, that slaves were private property, and for them, as such, they have repeatedly received compensation from England. Napoleon I was never induced to issue a proclamation for the emancipation of the serfs in his war with Russia. He said: I could have armed against her a part of her population by proclaiming the liberty of the serfs. A great number of villages asked it of me, but I refused to avail myself of a measure which would have devoted to death thousands of families. In the discussion growing out of the treaty of peace of 1814 and the proffered mediation of Russia, the principle was maintained by the United States that the emaiicipation of enemys slaves is not among the acts of legitimate warfare. In the instructions from John Quincy Adams, as Secretary of State, to Mr. Middleton, at Saint Petersburg, October 18, 1820, it is said: The British have broadly asserted the right of emancipating slaves (private property) as a legitimate right of war. No such right is acknowledged as a law of war by writers who admit any limitation. The right of putting to death all prisoners in cold blood, and without special cause, might as well be pretended to be a law of ~var, or the right to use poisoned weapons, or to assassinate. Disregarding the teachings of the approved writers on international law, and the practice and claims of his own Government in its purer days, President Lincoln has sought to convert the South into a San Domingo, by appealing to the cupidity, lusts, ambition, and ferocity of the slave. Abraham Lincoln is but the lineal descendant of Dun- more, and the impotent malice of each was foiled by the fidelity of those who, by the meanness of the conspirators, would only, if suc- cessful, have been seduced into idleness, filth, vice, beggary, and death. But we tire of these indignities and enormities. They are too sick- ening for recital. History will hereafter pillory those who committed and encouraged such crimes in immortal infamy. General Robert E. Lee in a recent battle order stated to his invin- cible legions, that the cruel foe seeks to reduce our fathers and mothers, our wives and children, to abject slavery. He does not paint too strongly the purposes of the enemy or the consequences of subjugation. What has been done in certain districts is but the prologue of the bloody drama that will be enacted. It is well that every man and woman should have some just conception of the hor- rors of conquest. The fate of Ireland at the period of its conquest, and of Poland, distinctly foreshadows what would await us. The guillotine, in its ceaseless work of blood, would be revived for the execution of the rebel leaders. The heroes of our contest would be required to lay down their proud ensigns, on which are recorded the battle-fields of their glory, to stack their arms, lower their heads in humiliation and dishonor, and pass under the yoke of Abolition misrule and tyranny. A hateful inquisition, made atrocious by spies and informers; star-chamber courts, enforcing their decisions by con- fiscations, imprisonments, banishments, and death; a band of detect- ives, ferreting out secrets, lurking in every family, existing in every conveyance; the suppression of free speech; the deprivation of arms and franchises; and the ever present sense of inferiority would make our condition abject and muiseTable beyond what freemen can imagine Page 134 134 CORRESPONDENCE, ETC. Subjugation involves everything that the torturing malice and devil- ish ingenuity of our foes can suggestthe destruction of our nation- ality, the equalization of whites and blacks, the obliteration of State lines, degradation to colonial vassalage, and the reduction of many of our citizens to dreary, hopeless, remediless bondage. A hostile police would keep order in every town and city. Judges, like Busteed, would hold our courts, protected by Yankee soldiers. Churches would be filled by Yankee or tory preachers. Every office would be bestowed on aliens. Absolutism would curse us with all its vices. Super- added to these, sinking us into a lower abyss of degradation, we would be made the slaves of our slaves, hewers of wood and drawers of water for those upon whom God has stamped indelibly the marks of physical and intellectual inferiority. The past, or foreign countries, need not be sought unto to furnish illustrations of the heritage of shame that subjugation would entail. Baltimore, Saint Louis, Nash- ville, Knoxville, New Orleans, Vicksburg, Huntsville, Norfolk, New Berne, Louisville, and Fredericksburg, are the first fruits of the ignominy and poverty of Y& nkee domination. The sad story of the wrongs and indignities endured by those States which have been in the complete or partial possession of the enemy will give the best evidence of the consequences of subjuga- tion. Missouri, a magnificent empire of agricultural and mineral wealth, is to-day a smoking ruin and the theater of the most revolting cruelties and barbarities. The minions of tyranny consume her sub- stance, plunder her citizens, and destroy her peace. The sacred rights of freemen are struck down, and the blood of her children, ncr maidens, and her old men is made to flow, out of mere wantonness and recklessness. No whispers of freedom go unpunished, and the very instincts of self-preservation are outlawed. The worship of God and the rites of sepulture have been shamefully interrupted, and in many instances the cultivation of the soil is prohibited to her own citizens. These facts are attested by many witnesses, and it is but a just tribute to that noble and chivalrous people that, amid barbarities almost unparalleled, they still maintain a proud and defiant spirit toward their enemies. In Maryland, the judiciary, made subservient to executive absolu- tism, furnishes no security for individual rights or personal freedom; members of the Legislature are arrested and imprisoned without proc- ess of law or assignment of cause, and the whole land groaneth under the oppressions of a merciless tyranny. In Kentucky, the ballot box has been overthrown, free speech is suppressed, the most vexatious annoyances harass and embitter, and all the arts and appliances of an unscrupulous despotism are freely used to prevent the uprising of the noble patriots of the dark and bloody ground. Notes of gladness, assurances of a brighter and better day, reach us, and the exiles may take courage and hope for the future. In Virginia, the model of all that illustrates human heroism and self-denying patriotism, although the tempest of desolation has swept over her fair domains, no sign of repentance for her separation from the North can be found. Her old homesteads dismantled, her ances- tral relics destroyed, her people impoverished, her territory mnade the battle-ground for the rude shocks of contending hosts, and then divided with hireling parasites, mockingly claiming jurisdiction an Page 135 CONFEDERATE AUTHORITIES. 135 authority, the Old Dominion still stands with proud crest and defiant mien, ready to tramp beneath her heel every usurper and tyrant, and to illustrate afresh her sic semper tyrartnis, the proudest motto that ever blazed on a nations shield or a warriors arms. To prevent such effects our people are now prosecuting this sting- ole It is no mere war of calculation, no contest for a particular kind of property, no barter of precious blood for filthy lucre. Everything involved in manhood, civilization, religion, law, property, country, home, is at stake. We fight not for plunder, spoils, pillage, territo- rial conquest. The Government tempts by no prizes of beauty or booty to be drawn in the lottery of this war. We seek to preserve civil freedom, honor, equality, firesides, and blood is well shed when shed for our family, for our friends, for our kind, for our country, for our God. Burke said: A State resolved to hazard its existence rather than abandon its object, must have an infinite advantage over that which is resolved to yield rather than carry its resistance beyond a certain point. It is better to be conquered by any other nation than by the United States. It is better to be a dependency of any other power than of that. By the condition of its existence and essential Constitution as now governed, it must be in perpetual hostility to us. As the Spanish invader burned his ships to make retreat impossible, so we cannot afford to take steps backward. Retreat is more dangerous than advance. Behind us are inferiority and degradation. Before us is everything enticing to a patriot. Our bitter and implacable foes are preparing vigorously for the coming campaign. Corresponding efforts should be made on our part. Without murmuring, our people should respond to the laws which the exigency demands. Every one capable of bearing arms should be connected with some effective military organization. The utmost energies of the whole population should be taxed to produce food and clothing, and a spirit of cheerfulness and trust in an all-wise and overruling Providence should be cultivated. The history of the past three years has much to animate us to renewed effort and a firmer and more assured hope. A whole people have given their hearts and bodies to repel the invader, and costly sacrifices have been made on the altar of our country. No similar instance is to be found of such spontaneous uprising and volunteer- ing. Inspired by a holy patriotism, again and again have our brave soldiers, with the aid of Heaven, baffled the efforts of our foes. It is in no arrogant spirit that we refer to successes that have cost us so much blood and brought sorrow to so many hearts. We may find in all this an earnest of what, with determined and resolute exertion, we can do to avert subjugation and slaveryand we cannot fail to dis- cern in our deliverance from so many and so great perils the interpo- sition of that Being who will not forsake us in the trials that are to come. Let us, then, looking upon the bodies of our loved and hon- ored dead, catch inspiration from their example, and gather renewed confidence and a firmer resolve to tread, with unfaltering trust, the path that leads to honor and peace, although it lead through tears and suffering and blood. We have no alternative but to do our duty. We combat for prop- erty, homes, the honor of our wives, the future of our children, the preservation of our fair land from pollution, and to avert a doo Page 136 136 CORRESPONDENCE, ETC. which we can read both in the threats of our enemies and the acts of oppression we have alluded to in this address. The situation is grave, but furni~hes no just excuse for despondency. Instead of harsh criticisms on the Government and our generals; instead of bewailing the failure to accomplish impossibilities, we should rather be grateful, humbly and profoundly, to a benignant Providence for the results that have rewarded our labors. Remem- bering the disproportion in population, in military and naval resources, and the deficiency of skilled labor in the South, our accomplishments have surpassed those recorded of any people in the annals of the world. There is no just reason for hopelessness or fear. Since the outbreak of the war the South has lost the nominal possession of the Mississippi River and fragments of her territory; but Federal occu- pancy is not conquest. The fires of patriotism still burn unquencha- bly in the breasts of those who are subject to foreign domination. We yet have in our uninterrupted control a territory which, accord- ing to past progress, will require the enemy ten years to overrun. The enemy is not free from difficulties. ~With an enormous debt, the financial convulsion, long postponed, is surely coming. The short crops in the United States and abundant harvests in Europe will hasten what was otherwise inevitable. Many sagacious persons at the North discover in the usurpations of their Government the cer- tain overthrow of their liberties. A large number revolt from the unjust war waged upon the South and would gladly bring it to an end. Others look with alarm upon the complete subversion of con- stitutional freedom by Abraham Lincoln, and feel in their own per- sons the bitterness of the slavery which three years of war have failed to inflict on the South. Brave and earnest men at the North have spoken out against the usurpationsand cruelties daily practiced. Th~ success of these men over the radical and despotic faction which now rules the North may open the way to peaceful negotiation and a cessa- tion of this bloody and unnecessary war. In conclusion, we exhort our fellow-citizens to be of good cheer and spare no labor nor sacrifices that may be necessary to enable us to win the campaign upon which we have just entered. We have passed through great trials of affliction, but suffering and humiliation are the school-masters that lead nations to self-reliance and independence. These disciplinary providences but mature and develop and solidify our people. We beg that the supplies and resources of the country, which are ample, may be sold to the Government to support and equip its armies. Let all spirit of faction and past party differences be for- gotten in the presence of our cruel foe. We should iiot despond. We should be self-denying. We should labor to extend to the utmost the productive resources of the country. We should economize. The families of soldiers should be eared for and liberally supplied. We entreat from all a generous and hearty co-operation with the Govern- ment in all branches of its administration, and with the agents, civil or military, in the performance of their duties. Moral aid has the power of the incommunicable, and, by united efforts, by an all- comprehending and self-sacrificing patriotism, we can, with the bless- ing of God, avert the perils which environ us, and achieve for ourselves and children peace and freedom. Hitherto the Lord has interposed graciously to bring us victory, and in His hand there is present powe Page 137 CONFEDERATE AUTHORITIES. 137 to prevent this great multitude which come against us from casting us out of the possession which He has given us to inherit. T. J. Semmes, J. L. Orr, A. E. Maxwell, committee on the part of the Senate; J. W. Clapp, J. L. lvi. Curry, Julian Hartridge, John Goode, jr., W. N. H. Smith, commit- tee of the House of Representatives; Thomas S. Bocock, Speaker of I-louse of Representatives; Walter Preston, John McQueen, Charles W. Russell, W. Lander, A. H. Conrow, C. J. Munnerlyn, Thomas S. Ashe, 0. R. Sin- - gleton, J. L. Pugh, A. H. Arrington, Wailer R. Staples, A. R. Boteler, Thomas J. Foster, W. R. Smith, Ro. J. Breckinridge, John M. Martin, Porter Jngran~, A. H. Garland, E. S. Darga n, D. Funsten, Thomas D. McDow- dl, J. R. McLean, R. R. Bridgers, G. W. Jones, B. S. Gaither, George W. Ewing, W. D. Holder, David W. Lewis, Henry E. Read, A. T. Davidson, M. II. Macwil- lie, James Lyons, Caspar W. Bell, R. B. Hilton, Charles J. Viller6, J. W. Moore, Lucius J. Duprd, John D. C. Atkins, Israel Welsh, William G. Swan, F. B. Sexton, T. L. Burnett, George G. Vest, Win. Porcher Miles, E. Barksdale, Charles F. Collier, P. W. Gray, W. W. Clark, William XV. Boyce, John R. Chainbliss, Jolni J. McRae, John Perkins, jr., Robert Johnston, James Farrow, W. D. Simpson, Lucius J. Gartrell, M. 1) Graham, John B. Baldwin, E. lvi. Bruce, Thomas B. Hanly, W. P. Chilton, 0. R. Kenan, C. lvi. Conrad, H. W. Bruce, David Clopton, W. B. Machen, D. C. De Jar- nette, H. C. Chambers, Thomas Menees, S. A. Miller, James M. Baker, Robert W. Barnwell, A. G. Brown, Henry C. Burnett, Allen T. Caperton, John B. Clark, Clement C. Clay, William T. Dortch, Landon C. Haynes, Gustavus A. Henry, Benjamin H. Hill, R. M. T. Hun- ter, Robert Jemison, jr., Herschel V. Johnson, of Georgia, Robert W. Johnson, of Arkansas, Waldo P. Johnson, of Missouri, Augustus E. Maxwell, Charles B. Mitchel, W. S. Gidham, James L. Orr, James Phe- lan, Edwin G. Reade, T. J. Semmes, William E. Simms, Edward Sparrow, Louis T. Wigfall. AN ACT to make additional appropriations for the suppQrt of tke Government of the Confederate States of America, for the fiscal year ending June thirtieth, eighteen hundred and sixty-four. The Congress of the Confederate States of America do enact, That the following sums be, and the same are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the sup- port of the Government, in addition to appropriations heretofore made, for the fiscal year ending on the thirtieth of June, one thou- sand eight hundred and sixty-four. * * * * * * * WAR DEPARTMENT.FOr compensation of the Secretary of War, Assistant Secretary, Chief of Bureau, clerks, messengers and others employed in the War Department, one hundred and fifty thousand dollars Page 138 138 CORRESPONDENCE, ETC. For incidental and contingent expenses of the War Department, ninety thousand dollars. For compensation of Commissioner an(l chief clerk of Indian affairs, and incidental expenses of Bureau, two thousand one hundred and twenty-five dollars. For contingent expenses of the Adjutant and Inspector Generals Department, fifty thousand dollars. For incidental and contingent expenses of the Army, two hundred and fifty thousand dollars. QUARTERMASTERS DEPARTMENT.For pay of officers and privates of the Army, volunteers, militia, & c., seventy-three million eight hundred and three thousand five hundred and fifty-one dollars. For the service of the Quartermasters Department, one hundred and sixty-two million eighty-one thousand five hundred and forty- four dollars. For pay of officers, their fuel and quarters, laborers, employ~s, and agents, hire of teamsters, rent of offices, material, labor and building store-houses, and incidental expenses required to collect and preserve the tax in kind, from July the first, eighteen hund red and sixty-three, to June the thirtieth, eighteen hundred and sixty-four, five million three hundred and thirteen thousand two hundred and four dollars. For railroad transportation of the articles collected under the tax in kind, one million five hundred thousand dollars. For grain bags to be used for transportation of the graimi collectetl under the tax in kind, three million two hundred and forty thousand dollars. For purchase of wagons, teams and equipments, two million one hundred and sixty thousand dollars. * * * * * * * For pay of officers, non-commissioned officers and privates, and clerks, including current and extraordinary expenses in the Bureau of Conscription, four million eight hundred and sixty-eight thousand four hundred and sixty-seven dollars. For the purpose of making purchases of cotton, naval stores, and other produce under the direction of the President, to meet the engagements of the Government, and to purchase necessary army, navy and other supplies, twenty millions of dollars. For compensation of agents, sub-agents and contingent expenses of collecting the tax in kind omi tobacco, one hundred thousand dollars. * * * * * * * For transportation of troops and their baggage, of quartermasters stores, subsistence, ordnance and ordnance stores, from place of pur- chase to troops in the field, purchase of horses, mules, wagons and harness, purchase of lumber, nails, iron and steel for store-houses, quarters for troops and other repairs, hire of teamsters, laborers, & c., seventy million six hundred and thirty thousand four hundred and forty-six dollars. For pay for horses killed in battle, under act No. 48, section 7, and for which provision is to be muade, omme hundred thousand dollars. To pay for property pressed into the service of the Confederate States, under appraisement, and said property having been either lost or applied to the service, two hundred thommsand dollars. For the sustenance of prisoners of war, under act No. 181, section 1, and the hire of the necessary prisons, quarters, & c., for the safe Page 139 CONFEDERATE AUTHORITIES. 139 keeping of the same, or so much thereof as may be necessary, one million dollars. COMMISSARY DEPARTMENT.FOr the purchase of subsistence stores and commissa~y property, fifty-seven million nine hundred and eighty-eight thousand dollars. ORDNANCE DEPARTMENT.For the ordnance service in all its branches, twenty-three million dollars. For the niter and mining service, nine million five hundred thou- sand dollars. ENGINEER DEPARTMENT.FOr engineer service, ten million dollars. MEDICAL DEPARTMENT.FOr pay of physicians employed by con- tract, two hundred thousand dollars. For pay of nurses and cooks not enlisted or volunteers, three hun- dred and fifty thousand dollars. For pay of hospital laundresses, oiie hundred and fifty thousand dollars. For purchase of medical and hospital supplies, fifteen million four hundred and twenty thousand dollars. For the establishment and support of military hospitals, two hun- dred and fifty thousmd dollars. For the pay of hospital stewards, one hundred thousand dollars. For the pay of matrons, assistant matrons and ward matrons, three hundred and fifty thousand dollars. * * * * * * * For loss of slaves which have been impressed by Confederate authorities, or under State laws for the use of the Confederate Gov- ernment, and while engaged in laboring on the public defenses, have escaped to the enemy, or died, or contracted diseases which have, after their discharge, resulted fatally, three million one hundred and eight thousand dollars. Approved February 17, 1864. FEBRUARY 17, 1864. An act passed in secret session and approved this date to organize bodies for the capture and destruction of the enemys property by land or sea and to authorize compensation for the same. S. 194.Introduced by Sparrow January 20, 1864. Passed Senate February 3, 1864. Passed House with amendment February 9, 1864. Laid on table in Senate February 10, 1864. Senate concurred in ilonse amendment February 12, 1864. Engrossed and signed ~ebruary 17, 1864. Approved February 17, 1864. JOINT RESOLUTION in reference to the adoption and publication of an address to the people of the Confederate States. Resolved by the Gongress of the Confederate States of America That the address to the people of the Confederate States, prepared and reported by the joint committee of the two Houses, appointed for that purpose at the present session of Congress, be and the same is hereby adopted as an address of the Congress of the Confederate States to the people of said States; * and that forty thousand copies of *Seep 126 Page 140 140 CORRESPONDENCE, ETC. said address be j~rinted, with the names of the members of this Con- gress present at the time of its adoption. Approved February 17, 1864. JOINT RESOLUTION explanatory of the act entitled An act to lay taxes for the common defense and carry on the Government, approved the twenty-fourth day of April, eighteen hundred and sixty-three. Resolved by the Congress of the Confederate States of America, That the daily wages of detailed soldiers and other employds of the Government are not liable to taxation as income, although they may amount in the aggregate to the sum of one thousand dollars per annum. Approved February 17, 1864. AN ACT to amend an act entitled An act to lay taxes for the common defense and carry on the Government of the Confederate States, approved April twenty-fourth, eighteen hundred and sixty-three. The Congress of the Confederate States of America do enact, That an act entitled An act to lay taxes for the common defense and carry on the Government of the Confederate States, approved April twenty-fonrth, eighteen hundred and sixty-three, be, and the same is hereby, amended so as to read as follows: SECTION 1. That every person engaged, or intending to engage, in any business named in the fourth section of this act, shall, within sixty days after the passage of this act, or at the time of beginning busi- ness, and on the first day of January in each year thereafter, register with the district collector, in such form as the Comunmissioner of Taxes shall prescribe, a true account of the name and residence of each per- son, firm or corporation engaged or interested in the business, with a statement of the time for which, and the place and manner in which, the same is to be conducted, and of all other facts going to ascertain the amount of tax upon such business, for the past or future, accord- ing to the provisions of this act. At the time of such registry, there shall be paid to the collector the specific tax for the year ending on the next thirty-first of December, and such other tax as may be due upon sales or receipts in such business, at the time of such registry, as herein provided; and the collector shall give to the person making such registry a copy thereof, with a receipt for the amount of the tax then paid. SEC. 2. That any person failing to make the registry, and to pay the tax required by the preceding section, shall, in addition to all other taxes upon his business imposed by this act, pay double the amount of the specific tax on such business, and a like sum for every thirty days of such failure. SEC. 3. That except where herein otherwise provided, there shall be a separate registry and tax for each business mentioned in the fourth section of this act, and for each place of conducting the same, but no tax shall be required for the mere storage of goods at a place other than the registered place of business. Upon every change in the place of conducting a registered business there shall be a new registry, but no additional tax shall be required. Upon the death of any person conducting a business, registered and taxed as herei Page 141 CONFEDERATE AUTHORITIES. 141 required, or upon the transfer of the business to another, the busi- ness shall not be subjected to auy additional tax, but there shall be a new registry in the name of the person authorized by law to continue the business. SEC. 4. That upon each trade, business or occupation hereinafter named, the following taxes shall be levied and paid for the year end- ing on the thirty-first of December, eighteen hundred and sixty-three, and for each and every year thereafter, viz: I. Bankers shall pay five hundred dollars. Every person shall be deemed a banker, within the meaning of this act, who keeps a place of business where credits are opened in favor of any person, firm or corporation, by the deposit or collection of money or currency, and by whom the same or any part thereof, shall be paid out or remitted upon the draft, check or order of such creditor; but not to include any bank legally authorized to issue notes as circulation, nor agents for the sale of merchandise for account of producers or manufacturers. II. Auctioneers shall pay fifty (lollars and two and a half per centum on the gross amount of sales made: Provided, however, That on all sales at auction of stock or securities for money, the tax shall be one-fourth of one per centum on the gross amount of sales. Every person shall be deemed an auctioneer, within the meaning of this act, whose occupation it is to offer property for sale, to the highest or best bidder, at public outcry. The tax upon the auctioneers shall be deemed a tax upon the personal privilege, to be paid by each individ- ual engaged in the business, and without regard to the place at which the same is conducted. No tax shall be required upon auction sales made for dealers in a business registered and taxed, and at their place of business, upon official sales at auction, made by judicial or executive officers, or by personal representatives, guardians or committees. III. Wholesale dealers in liquors, of any and every description, including distilled spirits, fermented liquors and wines of all kinds, shall pay two hundred dollars and five per centum on the gross amount of sales made. Every person, other than the distiller or brewer, who shall sell, or offer for sale, any such liquors or wines, in quantities of more than three gallons at one time to the same pur- chaser, shall be regarded as a wholesale dealer in liquors within the meaning of this act. All persons who shall sell, or offer for sale, any such liquors or wines, in quantities less than three gallons at one timne to the same person, shall be regarded as a retail dealer in liquors. IV. Retail dealers in liquors, including distilled spirit fermented liquors, and wines of every description, shall pay one hundred dollars and ten per centum on the gross amount of all sales made. V. Retail dealers, whose quarterly sales shall ekceed one hundred dollars, and shall be less than five hundred dollars, shall pay twenty- fiye dollars and two and a half per centum on the gross amount of sales made; and where quarterly sales exceed five hundred dollars, the specific tax shall be fifty dollars and two and a half per centumn on the gross amount of sales made. Every person whose business or occupation it is -to sell, or offer to sell, groceries or any goods, wares, merchandise, or other things of foreign or domestic production, in less quantities than a whole original piece or package at one time to the same person (not including wines, spirituous or malt liquors), shall be regarded as a retail dealer under this act: Provided, however, That any mechanic who shall sell only the products of the labor of himself and his own family, shall be exempt from this tax Page 142 142 CORRESPONDENCE, ETC. VI. Wholesale dealers shall pay two hundred dollars and two and a half per centum on the gross amount of all sales made. Every per- son whose business or occupation it is to sell, or offer to sell, grocer- ies, or any goods, wares or merchandise of foreign or domestic pro- duction, by one or more original packages or pieces at one time, to the same purchaser, not including wines, spirituous or malt liquors; and every person whose business it is to sell, or offer to sell, slaves, shall be deemed as a wholesale dealer under this act; but having been registered as a wholesale dealer, such person may also sell as afore- said as a retailer: Provided, That contractors working for and sell- ing their own products exclusively to the Confederate States, to an amount not exceeding five thousand dollars a year, and such dealers as sell exclusively to consumers, and not to others to sell again, shall not be regarded as wholesale, but as retail dealers. VII. Pawnbrokers shall pay two hundred dollars. Every person whose business or occupation it is to take or receive by way of pledge, favor or exchange, any goods, wares or merchandise of any kind of personal property whatever, for the repayment or security of money lent thereon, shall be deemed a pawnbroker under this act. VIII. Distillers shall pay two hundred dollars and twenty per centum on the gross amount of all sales made; and also twenty per centum on the value of all liquors distilled for any other person, and the tax on distillers shall be a lien on the still or stills used, and upon the other fixtures and articles for carrying on the business, and shall have priority over all other liens or claims. Every person or copart- nership who distills or manufactures spirituous liquors for others, or for sale, shall be deemed a distiller under this act: Provided, however, That distillers of fruit, for ninety days or less, shall pay sixty dollars, and also fifty cents per gallon on the first ten gallons, and tw o dollars per gallon on all spirits distilled beyond that quantity. IX. Brewers shall pay one hundred dollars and two and a half per centum on the gross amount of sales made. Every person who mann: factures fermented liquors, of any name or description for sale, from malt, wholly or in part, shall be deemed a brewer under this act. X. Hotels, inns, taverns and eating-houses shall be classified and rated according to the yearly rental, or if not rented, according to the estimated value of the house or property occupied, or intended to be occupied, as a hotel, inn, tavern or eating-house, as follows, viz: In cases where the actual or estimated rent shall amount to ten thousand dollars or more, they shall constitute the first class, and pay an annual sum of five hundred dollars. In cases where said rent shall be five thousand, and less than ten thousand dollars, the shall constitute a second class, and pay an annual sum of three hundred dollars. And in cases where said rent shall be two thousand five hundred dollars, and less than five thousand dollars, they shall constitute the third class, and pay an annual sum of two hundred dollars. In cases where said rent shall be one thousand dollars, and less than twenty-five hundred dollars, they shall constitute the fourth class, and pay an annual sum of one hundred dollars. And in cases where said rent shall be less than one thousand dollars, they shall constitute the fifth class, and pay an annual sum of thirty dollars. Every place where food and lodgings, or lodgings only, are provided for travelers, sojourners, or boarders, in view of payment therefor, the income or receipts from which amount to five hundred (lollars from that source, shall be regarded a hotel, inn or tavern, under this act. XI. That every place where food or refreshments of any kind are provided for casual visitors, and sold for consumption therein, an Page 143 CONFEDERATE AUTHORITIES. 143 every boarding-house in which there shall be six boarders or more, shall be deemed an eating-house under this act. XII. Brokers shall pay two hundred dollars. Any person whose business it is to purchase and sell stocks, coined money, bank notes, or other securities for themselves or others, or who deals in exchanges relating to money, shall be deemed a broker under this act. XIII. Commercial brokers, or commission merchants, shall pay two hundred dollars and two and a half per centum upon all sales made. Any person or firm, except one registered as a wholesale dealer or a banker, whose business it is, as the agent of others, to purchase or sell goods, or seek orders therefor, in original or unbroken packages, or produce consigned by others than the producers, to manage busi- ness matters for the owners of vessels, or for the shippers or con- signers of goods, or whose business it is to purchase, rent, hire Or sell real estate or negroes, shall be deemed a commercial broker or commission merchant, under this act. XIV. Tobacconists shall pay fifty dollars and two and a half per centum on the gross amount of sales. Any person whu$se business it is to sell, at retail, cigars, snuff or tobacco, in any form, shall be deemed a tobacconist under this act; but registered wholesale and retail dealers shall not be taxed as tobacconists. XV. Theaters shall pay five hundred dollars and five per centum on all receipts, which tax shall be paid by the owner of the building. Every edifice used for the purpose of dramatic representations, plays or performances, and not including halls rented or used occasionally for concerts or theatrical representations, shall be regarded as a thea- ter under this act. Each circus shall pay one hundred dollars, and a tax of ten dollars for each exhibition; which tax shall be paid by the manager thereof. Every building, tent, or space, or area, where feats of horsemanship or acrobatic sports are exhibited, shall be regarded as a circus under this act. Jugglers, and other persons exhibiting shows, shall pay fifty dollars. Every person who performs by sleight of hand shall be regarded as a juggler under this act: Provided, That no registry made in one State shall be held to authorize exhibitions in another State, and but one registry shall be required under this act to authorize exhibitions in any one State. XVI. Bowling-alleys and billiard-rooms shall pay forty dollars for each alley or billiard-table registerod, which tax shall be paid by the owner thereof. Every place or building where bowls are thrown, or billiards played, and open to the public with or without price, shall be regarded as a bowling-alley or billiard-room, respectively, under this act. XVII. Livery stable keepers shall pay fifty dollars. Any person whose occupation or business it is to keep horses for hire or to let shall be regarded as a livery stable keeper under this act. XVIII. Cattle brokers shall pay the sum of fifty dollars, and two and a half per centum on the gross amount of sales made. Any per- son whose business it is to buy and sell and deal in cattle, horses, hogs or sheep, shall be considered a cattle broker. XIX. Butchers and bakers shall pay the sum of fifty dollars and one per centum on the gross amount of the sales made. Any person whose business it is to butcher and sell, or offer for sale in open market, or otherwise, the flesh of cattle, hogs or sheep, shall be deemed a butcher under this act; and any person whose business it is to bake and sell, or offer for sale, bread, shall be deemed a baker under this act Page 144 144 CORRESPONDENCE, ETC. XX. Peddlers shall pay fifty dollars and two and a half per cent. on the gross sales. Any person, except persons engaged in peddling exclusively periodicals, books, newspapers (published in the Con- federate States), bibles, or religious tracts, who sells or offers to sell at retail, goods, wares or other commodities, traveling with his goods from place to place, in the streets, or through different parts of the country, shall be deemed a peddler under this act: Provtded, That any peddler who sells or offers to sell dry goods, foreign or domestic, by one or more original pieces or packages at one time, aH(i to the same person or persons as aforesaid, shall pay one hundred dollars and two and a half per cent. on the gross sales; and any person who peddles jewelry shall pay fifty dollars and two and a half per centum on the gross sales. The tax upon peddlers shall be deemed a tax on the personal privilege, to be paid by each individual engaged in the business, without regard to the place at which the same is conducted. XXI. Apothecaries shall pay fifty dollars and two and a half per centum on the gross amount of sales made. Every person who keeps a shop or building where medicines are compounded or prepared according to prescriptions of physicians, and sold, shall be regarded as an apothecary under this act. XXII. Photographers shall pay the sum of fifty dollars and two and a half per centum on the gross amount of sales made. Any person or persons who make for sale photographs, ambrotypes, daguerreotypes or pictures on glass, metal, paper or other material, by the action of light, shall be regarded a photographer under this act. XXIII. Lawyers, actually engaged in practice, shall pay fifty dol- lars. Every person whose business it is, for fee or reward, to prose- cute or defend causes in any court of record, or other judicial tribunal of the Confederate States, or of any State, or give advice in relation to causes or matters pending therein, shall be deemed a lawyer within the meaning of this act. XXIV. Physicians, surgeons and dentists, actually engaged in the practice, shall pay fifty dollars. Every person whose business it is, for fee or reward, to prescribe remedies or perform surgical oper- ations for the cure of any bodily disease or ailing, shall be deemed a physiciami, surgeon or dentist, within the meaning of this act, as the case may be; and the provisions of paragraph number twenty-one shall not extend to physicians who keep on hand medicines solely for the purpose of making up their own prescriptio~s for their own patients. The tax upon lawyers, physicians; surgeons and dentists. shall be deemed a tax upon the personal privilege, to be paid by each individual in the business and without regard to the place at which the same is conducted: Provided, That the provisions of this act shall not apply to physicians and surgeons exclusively engaged in the Confederate service. XXV. Confectioners shall pay fifty dollars and two and a half per centum on the gross amount of sales. Every person who sells at retail, confectionery, sweet-meats, comfits or other confects, in any building, shall be regarded as a confectioner under this act. SEC. 5. That every person registemed and taxed upon the gi~oss amount of sales as aforesaid, shall be required on the first day of July, eighteen hundred and sixty-three, to make a list or return to the assessor of the district, of the gross amount of such sales as aforesaid, viz: from the passage of this act to the thirtieth day o Page 145 CONFEDF~RATE AUTHORITlIIS. 145 June, eighteen hundred and sixty-three, inclusive, and at the end of every three mouths, or within twenty days thereafter, after the said first day of July, eighteen hundred and sixty-three, make a list or return to the assessor of the district of the gross amount of such sales made as aforesaid, with the amount of tax which has accrued or should accrue thereon, which list shall have annexed thereto a declaration under oath or affirmation, in form or manner as may be prescribed by the conimissioner of taxes, that the same is true and correct, and shall, within such time as the collector may designate, by public notice, (which time shall not be less than ten nor more than thirty days from the date of such notice), pay to the collector the amount of tax thereupon, as aforesaid, and in default thereof, shall pay a penalty in double the amount of the tax. SEC. 6. That upon the salaries of all salaried persons, serving in any capacity whatever, except upon the salaries of persons in the military or naval service, there shall be levied and collected a tax of one per centum on the gross amount of such salary, when not exceed- ing fifteen hundred dollars, and two per centum upon any excess over that amount, to be levied and collected at the end of each year,. in the manner prescribed for other taxes enumerated in this act: Provided, That no taxes shall be imposed by virtue of this act on the salary of any person receiving a salary not exceeding one thousand dollars per annum, or at a like rate for another period of time longer or shorter. SEC. 7. That the Secretary of the Treasury shall cause to be assessed and ascertained, on the first day of January next, or as soon thereafter as practicable, the income and profits derived by each person, joint stock company and corporation, from every occupation, employment or business, whether registered or not, in which they may have been engaged, and from every investment of labor, skill, property or money, and the income and profits derived from any source whatever, except salaries, during the calendar year preceding the said first day of January next; and the said income and profits shall be ascertained, assessed and taxed in the manner hereinafter prescribed: I. If the income be derived from the rent of houses, lands, tene- ments, manufacturing or mining establishments, fixtures and inachin- ery, mills, springs of salt or oil, or veins of coal, iron or other 3 minerals, there shall be deducted from the gross amount of the annual rent a sum sufficient for the necessary annual repairs, not exceeding ten per centum on said rent, except that the rent derived from houses shall be subject to a deduction not excee~ing five per centum for annual repairs. II. If the income be derived from any muanufacturing or mining business, there shall be deducted from the gross value of the products of the yearfirst, the rent of the establishment and fixtures, if actually rented and not owned by the persons prosecuting the busi- ness; second, the cost of the labor actually hired and paid for; third, the actual cost of the raw muaterial purchased and manufactured; fourth, if the income be derived from the production of pig metal or bloom iron, from the ore, there shall be deducted the cost of labor, food and necessary repairs. III. If the income be derived from navigating enterprises, there shall be deducted from the gross earnings, including the value of freights on goods shipped by the person running the vessel, tIme hire 10 R HSERIES Iv, ~OL II Page 146 146 CORRESPONDENCE, ETC. of the boat or vessel, if not owned by the person running the same, or if owned by him, a reasonable allowance for the wear and tear of the same, not exceeding ten per centuin per annum, and also the cost of running the boat or vessel. IV. If the income be derived by the tax-payer from boat or ship building, there shall be deducted from the gross receipts of his occupation, including the value of the boat or ship when finished, if built for himself, the cost of the labor actually hired and paid by himself, and the prime cost of the materials, if purchased by him. V. If the income be derived by the tax-payer from the sale of mer- chandise or any other property, real or personal, there shall be deducted from the gross amount of sales the prime cost of the piop- erty sold, including the cost of transportation, salaries of clerks actu- ally paid and the rent of the buildings employed in the business, if hired and not owned by himself. VI. If the income be derived by the tax-payer from any other occu- pation, profession, employment or business, there shall be deducted from the gross amount of fees, compensation, profits, earnings or commissions, the salaries of clerks actually paid, and the rent of the office or other building used in the business, if hired and not owned by himself, the cost of labor actually paid, and not owned by himself, and the cost of material other than machinery purchased for the use of his business, or to be converted into some other form in the course of his business, and in the case of mutual insurance companies the amount of losses paid by them during the year. The income derived from all other sources shall be subject to no deduction whatever, nor shall foreigners be subject to a tax upon any other income than that derived from property owned, or occupations or employments pursued by them within the Confederate States; and in estimating incomes there shall be included the interest, dividends, profits or other pro- ceeds of money or credits of every description, on which such interest, dividends, profits or other proceeds shall have accrued for the year, whether received or not, and the value of the estimated annual rental of all dwelling-houses, buildings or building-lots in cities, towns or villages, occupied by the owners, or owned and not occupied or hired, and the value of the estimated annual hire of all slaves, not engaged on plantations or farms, and not employed in some business or occu- pations, the profits of which are taxed as income under this act. When the income shall be thus ascertained, all of those which do not exceed five hundred dollars per annum, shall be exempt from taxation. On all incomes received during the year over five hundred dollars and not exceeding fifteen hundred dollars, a tax of five ~er cent. shall be paid. On all incomes over fifteen hundred dollars, and less than three thousand dollars, five per cent. shall be paid on the first fifteen hun- dred dollars and ten per cent. on all excess. On all incomes of or over three thousand dollars and less than five thousand dollars, a tax of ten per cent. shall be paid. On all incomes of (or) over five thousand dollars, and less than ten thousand dollars, a tax of twelve and a half per cent. shall be paid; and on all incomes of (or) over ten thousand dollars, a tax of fifteen per cent. shall be paid. All joint stock com- panies and corporations shall reserve one-tenth of the annual earn- ings set apart for dividend and reserve fund, to be paid to the collector of the Confederate tax, and the dividend then paid to the stockholder shall not be estimated as a part of his income for the purposes of this act. All persons shall give in an estimate of their income and profits derived from any other source whatever, and in so doing shall firs Page 147 CONFEDERATE AUTHORITIES. 147 state the gross amount of their receipts as individuals or members of a firm or partnership, and also state particularly each item for which a deduction is to be made and the amount to be deducted for it: Pro- vided, That the incomes and profits upon which the above tax is to be imposed, shall not be deemed to include the products of lands, which are taxed in kind as hereinafter described: Provided further, That in case the annual earnings of said joint stock companies and corpo- rations set apart as aforesaid, shall give a profit of more than ten and less than twenty per cent. upon their capital stock paid in, one-eighth of said sum so set apart shall be paid as a tax to the collector afore- said, and in case said sum so set apart shall give a profit of more than twenty per cent. on their capital stock paid in, one-sixth thereof shall be reserved and paid as aforesaid. The tax levied in this section shall be paid on the first day of January next, and on the first day of January of each year thereafter. SEC. 8. That if the assessor shall be dissatisfied with the statement or estimate of incomes and profits derived from any source whatever, other than products in kind, which the tax-payer is required to render, or with any deduction claimed by said tax-payer, he shall select one disinterested citizen of the vicinage as a referee, and the tax-payer shall select another, and the two thus selected shall call in a third, who shall investigate and determine the facts in reference to said esti- mates and deductions, and fix the amount on income and profits on which the tax-payer shall be assessed, and a certificate, signed by a majority of the referees, shall be conclusive as to the amount of income and profits on which the tax-payer shall be assessed: Provided, That if any person shall fail or refuse to render the statement or estimate aforesaid, or shall fail or refuse to select a referee as aforesaid, the assessor shall select three referees, who shall. fix the amount of inconie and profits on which the tax-payer shall be assessed, from the best evidence they can obtain, and a certificate signed by a majority of said referees, shall be conclusive on the tax-payer: And provided far- ther, That in any case submitted to referees, if they, or a majority of them, shall find and certify that the statement or estiniate of income and profits rendered by the tax-payer does not contain more than four-fifths of the true and real amount of his taxable income and profits, then the tax-payer, in addition to the income tax on the true amount of his income and profits, ascertained and assessed by the referees, shall pay ten per centum on the amount of said income tax, and the assessor shall be entitled to one-fifth of said additional ten per centum over and above all other fees and allowances: And pro- vided further, That the assessor may administer oaths~to referees, the tax-payer, and any witness before the referees, in regard to said estimate and any deduction claimed, or any fact in reference thereto, in such form as the Secretary of the Treasury may prescribe. SEC. 9. On all profits made by any person, partnership or corpora- tion, during the year eighteen hundred and sixty-two, by the purchase within the Confederate States, and sale during the said year, of any flour, corn, bacon, pork, oats, hay, rice, salt, iron or the manufac- tures of iron, sugar, molasses made of cane, leather, woolen cloths, shoes, boots, blankets and cotton cloths, a tax of ten per centum shall be levied and collected, to be paid on the first day of July next: Pro- vided, That the tax imposed by this section shall not apply to pur- chases and sales made in the due course of the regular retail business, ~nd shall not continue beyond the presemit year Page 148 148 CORRESPONDENCE, ETC. SEc. 10. That each farmer and planter in the Confederate States, shall pay and deliver to the Confederate Government, of the prodnets of the present year, one-tenth of the wheat, corn, oats, rye, buck wheat or rice, Irish potatoes, and of the cured hay and fodder; also one-tenth of the sugar, molasses made of cane, or of sorghum, where more than thirty gallons are made, cotton, wool and tobacco; the cot- ton ginned and packed in some secure manner, and tobacco stripped and packed in boxes; the cotton to be delivered by him on or before the first day of March, and the tobacco on or before the first day of July, next after their production. Each farmer or planter shall deliver to the Confederate Government, for its use, one-tenth of the peas, beans, and gronnd peas produced and gathered by him during the present year. As soon as each of the aforesaid crops are made ready for market, the tax assessor, in case of disagreement between him and the tax-payer, shall proceed to estimate the same, in the fol- lowing manner: The assessor and tax-payer shall each select a dis- interested freeholder from the vicinage, who may call in a third, in case of a difference of opinion, to settle the matter in dispute; or if the tax-payer neglects or refuses to select one such freeholder, the said assessor shall select two, who shall proceed to assess the crops as herein provided. They shall ascertain the amount of the crops, either by actual measurement or by computing the contents of the rooms or houses in which they are held, when a correct computation is practi- cable by such a method, and the appraisers shall then estimate, under oath, the quantity and quality of said crops, including what may have been sold or consumed by the producer, ptior to said estimate, whether gathered or not, excepting from said estimates such portion of said crops as may be necessary to raise and fatten the hogs of such farmer, planter or grazier for pork: Provided, That the following persons shall be exempt from the payment of the tax in kind, imposed by this - section, viz: I. Each head of a family not worth more (than) five hundred dollars. II. Each head of a family with minor children, not worth more than five hundred dollars for himself, and one hundred dollars for each minor living with him, and five hundred dollars in addition thereto for each minor son he has living or may have lost, or had disable.d in the military or naval service. III. Each officer, soldier or seaman, in the Army or Navy, or who has been discharged therefrom for wounds, and is not worth more than one thousand dollars. IV. Each widow of any officer, soldier or seamaif, who has died in the military or naval service, the widow not worth more than one thousand dollars: Provided, That in all cases where the farmer or planter does not produce more than fifty bushels of Irish potatoes, two hundred bushels of corn, or twenty bushels of peas and beans he shall not be subject to the tax in kind on said articles, or either of them; and the forage derived from the corn plant shall, also be exempt in all cases where the corn is not taxed in kind; neither shall any farmer or planter, who does not produce more than ten pounds of wool, or more than fifteen pounds of ginned cotton for each member of the family, be subject to said tax in kind. The tax assessor, after allowing the exemptions authorized in this section, shall assess the value of the portion of said crops to which the Government is entitled, and shall give a written statement of this estimate to the collector, and a copy of the same to the producer. The said producer shall b Page 149 CONFEDERATE AUTHORITIES. 149 required to deliver the wheat, corn, oats, rye, buckwheat, rice, peas, beans, cured hay and fodder, sugar, molasses of cane or sorghum, wool, thus to be paid as a tithe in kind, after they have been estimated as aforesaid, in such form and ordinary marketable condition as may be usual in the section in which they are to be delivered, within thirty days from the date of notice given by the agent of collection that he is ready to receive such produce, (except cotton and tobacco shall be delivered in the manner and at the thues hereinbefore provided), at some depot not more thau twelve miles from the place of produc- tion, and if not delivered by the times and in the order stated, he shall be liable to pay five times the estimated value of the portion aforesaid, to be collected by the tax collector as hereinafter prescribed: Provided, That post quartermasters may direct such delivery to be made at any time within five months after the date of said estimates, under the sanction of the penalty aforesaid, and that producers shall be paid the expenses of the transportation of their tithes from the place of production to the place or delivery, at the usual rates of compensation paid by the Government in the State in which the delivery is made. Such delivery, when required to be made of grain in bushels, shall be made in bushels according to the Government standard of weight per bushel: Provided, That the Government shall be bound to furnish to the producer sacks for the delivery of such articles of grain as require to be put in sacks for transportation, and shall allow to the producers of molasses the cost of the barrels contain- ing the same. The said estimates shall be conclusive evidence of the amount in money of the tax due by the producer to the Government, and the collector is hereby authorized to proceed to collect the same by issuing a warrant of distress from his office, under his signature, in the nature of a writ of fleri facias, and by virtue of the same to seize and sell any personal property on the premises of the tax-payer or elsewhere, belonging to him, or so much thereof as may be neces- sary for the purpose of paying the tax, and the increase aforesaid and costs; and said sale shall be made in the manner and form, and after the iiotice required by the laws of the several States, for judicial sales of personal property; and the said warrant of distress may be exe- cuted by the tax collector, or any deputy appointed by him for that purpose, and the deputy executing the warrant shall be ertitled to the same fees as are allowed in the respective States, to sheriffs exe- cuting writs of fteri facias; said fees to be paid as cost by the tax- payer: Provided, That in all cases where the assessor ~and tax-payer agree on the assessment of the crops, and the value of the portion thereof to which the Government is entitled, no othe~ assessment shall be necessary; but the estimate agreed on shall be reduced to writing, and signed by the assessor and tax-payer, and have the same force and effect as the assessment and estimate of disinterested free- holders, hereinbefore mentioned; and two copies of such assessment and estimate, thus agreed on and signed as aforesaid, shall be made, amid one delivered to the producer, and the other to the collector: And provided further, That the assessor is hereby authorized to administer oaths to the tax-payer and to witness in regard to any item of the estimate herein required to be made: And provided further, When agricultural produce in kind is paid for taxes, if payment be made by a tenant, who is bound to pay his rent in kind, the tenth part of said rent in kind shall be paid in kind by the tenant to the Govern- mnent, as and for the tax of the lessor on said rent; and the receipt of the Goverumemit officer shall release the lessor from all obligation t Page 150 150 CORRESPONDENCE, ETC. include such rent in kind in his statement of income; and discharge the tenant from so mnch of his rent to the lessor. SEC. 11. That every farmer, planter or grazier, or other person who slaughters hogs, shall exhibit to the assessor on or about the first of March, eighteen hundred and sixty-four, an account of all the hogs he may have slaughtered since the passage of this act, and before that time. After the delivery of this estimate to the post quartermaster hereinafter mentioned, by the assessor, the said farmer, planter, grazier, or other person who slaughters hogs shall deliver an equiva- lent for one-tenth of the same in cured bacon, at the rate of sixty pounds of bacon to the one hundredweight of pork; that on the first of November, eighteen hundred and sixty-three, an estimate shall be made, as hereinbefore provided, of the value of all neat cattle, horses, mules not used in cultivation, and asses owned by each person in the Confederate States, and upon such value the said owner shall be taxed one per centum, to be paid on the first day of January next ensuing. If the grazier, planter or farmer shall have sold beeves since the passage of this act, and prior to the first day of November, the gross proceeds of such sales shall be estimated and taxed as income, after deducting therefrom the money actually paid for the purchase of such beeves, if they have been actually purchased, and the value of the corn or peas consumed by them. The estimate of these items shall be made, in case of disagreement between the assessor and tax-payer, as herein provided in other cases of income tax: Provided, That no farmer, planter, grazier, or other person, who shall not slaughter more than two hundred and fifty pounds of net pork during any year, shall be subject to the bacon tithe imposed by this section; and every officer, soldier or seaman, in the military or naval service, or who may have been discharged therefrom on account of wounds, or physical disability, and any widow of such officer, sol- dier or seaman, or any head of a family, who does not own more than two cows and calves, shall be exempt from the tax imposed by this section on neat cattle. SEc. 12. That the Secretary of War shall divide the service of the Quartermasters Department into two branchesone herein denom- inated post quartermasters, for the collection of the articles paid for taxes in kind, and the other for distribution to the proper points for supplying the Army, and for delivering cotton and tobacco to the agents of the Secretary of the Treasury. The tax assessor shall transfer the estimate of articles due from each person by way of a tax in kind, to the duly authorized post quartermaster, taking from the said quartermaster a receipt, which shall be filed ~s a voucher with the chief collector in settling his account, and a copy of this receipt shall be furnished by the chief collector to the auditor settling the post quartermasters account as a charge against him. The post quartermaster receiving the estimate shall collect from the tax-payer the articles which it specifies, and which he is bound to pay and deliver as a tax to the Confederate Government. The post quarter- master shall be liable for the safe custody of the articles placed in his care, and shall account for the same by showing that after proper deductions from unavoidable loss, the residue has been delivered to the distributing agents as evidenced by their receipts. The said post quartermasters shall also state the accounts of the quartermasters receiving from him the articles delivered in payment of taxes in kind at his depot, and make a monthly report of the same to such officer as the Secretary of War may designate: Provided, That in case the pos Page 151 CONFEDERATE AUTHORITIES. 151 quartermaster shall be unable to collect the tax in kind specified in the estimate delivered to him as aforesaid, he shall deliver to the dis- trict tax collector said estimate as a basis for the distress warrant authorized to be issued, and ta~ke a receipt therefor, and forward the same to the chief tax collector as a credit in the statement of the accounts of said post quartermaster: Provided, That any partial pay- ment of said tax in kind shall be indorsed on said estimate before delivering the same to the district tax collector as aforesaid, and the receipt given to him therefor by the district tax collector, shall specify such partial payment. When the articles thus collected, through the payment of taxes in kind have been received at the depot as afore- said, they shall be distributed to the agents of the Secretary of the Treasury, if they consist of cotton or tobacco, or if they be suitable for forage or subsistence, to such places and in such manner as the Secretary of War may prescribe. The wool collected under this act shall be retained by the Quartermasters Department as supplies. Should the Secretary of War find that some of the agricultural produce thus paid in and suitable for forage and subsistence, has been or will be deposited in places where it cannot be used either directly or indi- rectly for these purposes, he shall cause the same to be sold in such manner as he may prescribe, and the proceeds of such sale shall be paid into the Treasury of the Confederate States. Should, however, the Secretary of War notify the Secretary of the Treasury that it would be impracticable for him to collect or use the articles taxed in kind, or any of them to be received in certain districts or localities, then the Secretary of the Treasury shall proceed to collect in said district or locality the money value of said articles specified in said estimate and not required in kind, and said money value shall be due on the first day of January in each and every year, and be collected as soon thereafter as practicable; and where in districts heretofore, or which may hereafter be ascertained to be so impracticable, quar- termnasters or commissaries serving with troops in the field, shall have collected or may hereafter collect from producers any portion of their tax in kind, the receipts of sach officers shall be held good to the pro- ducers against the collection of the money value of their tax, to the extent and value of such portions as may have been or may be here- after collected. And where assessments in practicable localities have been made and transferred to post quartermasters, and transportation is difficult to be obtained, the supply of grain sacks insufficient, or the amount of produce receivable is too small to justify the expenses of collection, post quartermasters, with approval of their su.~erior officer, shall be authorized to transfer the estimates to district collectors, to be collected in their money value only. SEC. 13. That the assessors,~whose duty it is under said act to esti- mate the taxes in kind, shall be appointed by the Secretary of War, and their duties shall be the same, and the duties shall be executed in the same manner as prescribed by sections ten, eleven and twelve of this act, in reference to the estimates and assessment of taxes in kind on agricultural products and slaughtered hogs; and there may be one assessor appointed for each practicable tax district, and he shall take the oath as assessor of taxes in kind, prescribed by section five of the act for the assessment and collection of taxes, approved May first, eighteen hundred and sixty-three, which oath shall be delivered to such officer as the Secretary Of War may designate. And the assessors of taxes in kind shall be separate and distinct from the assessors of money tax, and shall be subject to the exclusive directio Page 152 152 CORRESPONDENCE, ETC. and control of the War Department, and shall receive the same coin- pensation, for such time as they may be employed, as is allowed to other agents of the Quartermasters Department. SEC. 14. That the estimates of incomes and profits, other than those payable in kind, and the statements or bills for the amount of the specific tax on occupations, employments, business and professions, and of taxes on gross sales, shall be delivered by the assessor to the collector of the district, who shall give him a receipt for the same, and the said assessor shall file his receipt with the chief tax collector of the State, and the collector of the district holding said estimates, statements or bills, shall proceed to collect the same from the tax- payer. The money thus collected shall be paid to the chief tax col- lector of the State, and the estimates, statements or bills aforesaid, shall be arranged by the assessor, and general lists shall be made from them in the same manner and for the same purposes designated by section thirteen of the assessment act. SEC. 1~. That every person who, as trustee, guardian, tutor, curator, or committee, executor or administrator, or as agent, attorney in fact, or factor of any person or persons, whether residing in the Confederate States or not, and every receiver in chancery, clerk, register, or other officer of any court, shall be answerable for the doing of all such acts, matters and things as shall be required to be done in order to the assessment of the money, property, products and income under their control and the payment of taxes thereon, and shall be indemnified against all and every person for all payments ou account of taxes herein specified, and shall be responsible for all taxes due from the estates, income, money or property in their possession or under their control. SEC. 16. The income and moneys of hospitals, asylums, churches, schools and colleges shall be exempt from taxation under the pro- visions of this act. SEC. 17. That the Secretary of the Treasury be, and he is hereby, authorized to make all rules and regulations necessary to the oper- ations of this act and not inconsistent herewith. SEC. 18. This act shall be in force for two years after the expira- tion of the present year, and the taxes herein imposed for the present year shall be levied and collected each year thereafter in the manner and form herein prescribed, and for the said time of two years, unless this act shall be sooner repealed. Approved February 17, 1864. STATE OF GEORGIA, QUARTERMASTER-GENERALS OFFICE, Atlanta, February 17, 1864. Honorable SECRETARY OF WAR, Richmond, Va.: SIR: I have the honor to acknowledge the receipt of my returned communication to you of the 30th ultimo. I respectfully express my thanks for the promptness with which my communication was hon- ored. I am fearful, however, that the indorsement of Quartermaster- General A. R. Lawton will not remove the impediments thrown in the way of my agents by military commanders. I therefore inclose you this indorsement, and beg that you will furnish me such an order as will enable me to secure the supplies which General Lawton expresses a willingness I should collect. It is far from being the intention o Page 153 CONFEDERATE AUTHORITIES. 153 this department to come into competition with officers of the Con- federate States. Our only desire is to relieve the necessities of Georgia troops in Confederate service. To this end we are anxious to secure supplies in Florida, which, if not collected by us, may be lost, either through the approach of the enemy or the forgetfulness of our own people. If the order solicited be granted it will assist this department materially in shoeing and clothing those troops from Georgia whose wants may exceed the supplies of the Confederate Quartermasters Department during the coming autumn and winter, should the necessities of our country then demand their presence on the field. Pleading, then, the necessities of our suffering troops as an apol- ogy for my importunity, and trusting to your usual promptness, I have the honor to be, very respectfully, your obedient servant, IRA R. FOSTER, Quartermaster- General of Georgia. RICHMOND, VA., February 17, 1864. Governor Z. B. VANCE, Raleigh, N. C.: DEAR SIR: I am in receipt of your private letter of the 4th instant informing me that upon reflection you doubt the propriety of pub- lishing in full my letter according to the permission given in answer to your request, and that you propose to have the substance of it pub- lished in the Fayetteville Observer. * You must pardon me for declining to have my correspondence thus changed for presentation to the public. You can use your own dis- cretion as to the publication of my letter as it was written to you. Your letter of the 4th instant was laid on my table with a mass of correspondence and escaped my attention, which fact must form my apology for the delay in this answer. I remain, very truly and respectfully, yours, JEFFERSON DAVIS. STATE OF NORTH CAROLINA, EXECUTfvE DEPARTMENT, Raleigh, February 17, 1864. Hon. J. A. SEDDON, Secretary of War: DEAR SIR: You will see by the inclosed letter from Jj,. M. Seixast the result of my efforts to get back the cotton loaned the Confederate Government and which you ordered to be returned. It amounts prac- tically to a refusal of payment and to a stoppage of my shipments altogether, as it is utterly impossible to get a train to bring cotton from Georgia or anywhere else. If the Confederate Government is determined to impose upon the owners of these steamers the tax of one-third their capacity it seems unreasonable to deprive them of the means of running them altogether. That I have been always anxious to accommodate the General Government in every possible way I think may be safely asserted, but that I have been disinterested in (loing so my reward will testify beyond a doubt. I am, sir, very respectfully, Z. B. VANCE. * See Series I, Vol. LI, Part II, for correspondence between Davis and Vance. ~ Not found Page 154 154 CORRESPONDENCE, ETC. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, February 18, 1864. Hon. J. A. SEDDON, Secretary of War: If the State of North Carolina were to buy a third of the steamers Don and Hansa, would they be released from the existing regulation in regard to carrying cotton for Confederacy? They are already under my control by virtue of the within contract. * What permit is now required for shipping cotton under the recent act of Congress? The steamer Advance has again arrived. Respectfully, yours, Z. B. VANCE. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 19, 1864. General R. E. LEE, Gommanding, & c.: GENERAL: The pressure of business incident to the close of the ses- sion of Congress, engrossing every moment of my time, must be my excuse for not having sooner replied to your letter of the 16th instant. t I am happy to concur with you entirely in thinking it advisable to obtain supplies of provisions in exchange for cotton and tobacco, even if portions of the latter are received by the enemy in such transactions. Indeed, I had anticipated your views by instructions to the commis- saries to pay for all meat brought to them from the border counties, whether from within the enemys lines or not, at the option of the parties, in such products. Nor in my anxiety to provide for the Army have I hesitated to make contracts, some of them of large amount, with parties believed to be loyal and yet capable of carrying them out, for the delivery of provisions and other necessary stores to be brought from within the enemys lines. Some provisions have already been obtained in this way, and strong confidence is felt that the quantity will be largely increased. Full confidence is felt in your own discretion with regard to such arrangements, and you are author- ized to make them, if opportunity offers, within your command. Very respectfully, JAMES A. SEDDON, Secretary of War. No. 6A.] No. 48 AVENUE GABRIELLE, PARIS, February 19, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: My last dispatch was No. 5A, of 12th instant (duplicate of which I inclose). I have also the honor to inclose account current with your Department to 31st of December, with memorandum of payments to Lieutenant-Colonel Rhett4 since that date, by which you will perceive I am in advance beyond warrants on hand 108, 629j===fr. 2,737,442.16, besides the drafts of Maj. R. P. Waller, of which I advised you in my last. Major Huse further owes, besides the sums I have advanced himn, the sum of 127,543 12s. 4d. On the * Omitted. tSee Series I, Vol. XXXIII, p. 1180. Not found Page 155 CONFEDERATE AUTHORITIES. 155 other hand, Mr. W. G. Crenshaw has a draft on me for 40,000, and there is a balance still unpaid of 35,000 on a warrant for 85,000 held by Maj. J. B. Ferguson. Inclosed you will also find copy of a letter received yesterday from London from Major Huse, which will show you the present condition of the Isaac, Campbell & Co. accounts. I have no communications direct from Messrs. Ball, Quilter & Co. All these developments only increase my anxiety to hear that you are in possession or control of the 50,000 gold in the Confederacy. I note your remarks and instruc- tions relative to the settlement of the account of Isaac, Campbell & Co., and will endeavor to arrange it as may seem best, with due regard to justice and the credit of the Government, which will be best pre- served by avoiding any unnecessary ~clat. With regard to your remarks relative to Major Huse, I am hardly ready at this moment to expressing final opinion, but I deem it due to him to say that although he has made some very serious mistakes, I think there is no good reason to suspect his integrity, and that he has always sought what seemed the best interests of the Government, and has with all his mistakes really been of great service and done great good, and that you should take into consideration the immense labors which he has been compelled to discharge almost singly, and which forced him to place great confidence in some leading house, which was unfortunately, as you surmise, much misplaced in the case of Isaac, Campbell & Co., but I can see no reason to believe there has been any collusion with them. In confirmation of the above views, I inclose you letters from Hon. John Slidell and Emile V. Erlanger, which you will perceive do not agree with the charges of extravagance against him; and I will further add that these opinions are, I believe, concurred in by the leading houses with whom he has dealt, and by the ai~countants examining his accounts. With much respect, your obedient servant, C. J. McRAE, Agent of the Loan. [Indorsement.] APRIL 5, 1864. To Colonel Bayne for examination and return. How is such indebt- edness to be liquidated? J. A. S., [Inclosure ~. 1.] Secretary. No. 5A.] 48 AVENUE GABRIELLE, PARIS, February 12, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: I have the honor to acknowledge the receipt of your dispatch of the 29th of December inclosing copy of the one of the 26th of September. Of the contents of the latter I had been fully informed before I wrote you on the 18th of December. I am also in receipt of a letter from the Quartermaster-General, A. R. Lawton, approved by you, of the 17th of December, informing me that Maj. R. P. Waller, the purchasing officer of the Quarter- masters Department at Nassau, has been authorized to draw on me at sixty and ninety days sight for 20,000. With these letters came one from Major Waller, advising that he had drawn for 11,436 ISs Page 156 156 CORRESPONDENCE, ETC. id., and that he would soon draw for the balance. Drafts for 6,648 9s. 7d. have already appeared. My dispatches to you of the 27th of November and 18th of December, Nos. 3 and 4 of series A, have fully informed you that there is no money in my hands for you or any other department of the Government. The fact is that the loan account has already been overdrawn by over 200,000, but as the warrants in excess are in the hands of our own officers or people, to wit, Major Huse, Captain Bulloch, Major Ferguson, and Captain Crenshaw, our credit does not suffer except as it is injured by these officers not being able to meet their engagements. This, however, is not the case with the drafts of Major Waller, which have passed into the hands of third parties, and I have concluded to accept them, although I do not see clearly where I am to get the money to meet them. I inclose a copy of a letter which I have to-day written to Major Wailer, which I hope will meet with your approval. I note what you say about the account of Major Huse and Messrs. S. Isaac, Campbell & Co. On the 22d ultiino Mr. Bloodgood and myself wrote you on that subject. To-day we are informed by Major Huse that S. Isaac, Campbell & Co. have presented a new account, but as neither of us have seen it, and Messrs. Quilter, Ball & Co. have not reported on it, we can give you no further information, and judg- ing from the tenor of your letter I do not suppose you care to be troubled with the matter until we are prepared to make a final report. It is quite evident that the house expected to make larger profits by their connection with our Government, and many of their accouiits will not stand a strict scrutiny; but as the Government seems dis- posed to connect all its operations for procuring supplies with private enterprise, we shall gain nothing by having broken with that firm. The fable of the fox and the flies is as true now as it was in days of Al~sop. If some such policy as was recommended in my dispatch of the 7th of October had been adopted I could have obtained as many boats as might have been desired to run on Government account alone~ I shall write you more fully on this subject by the Bermuda mail, which leaves this day week. With much respect, your obedient servant, C. J. McRAE, Agent, & c. [Sub-inclosure.] 48 AVENUE GABRIELLE, PARIS, Feb}~uary 12, 1864. Maj. RICHARD P. WALLER, C. S. Army, Nassau, New Providence: SIR: I am receipt of your letter of the 16th ultimo, advising me that you had been authorized by the Quartermaster-General, approved by the Secretary of War, to draw on me at Paris for 10,000 at sixty days, and 10,000 at ninety days. I am also in receipt of a letter from the Quartermaster-General, approved by the Secretary of War, informing me that such authority had been given to you, and asking me to meet your drafts from any funds of the War Department at my command. There are no funds of the War Department at my coin- mand, and I regret that you drew the drafts without consulting me. When the Secretary of War authorized you to draw on me I suppose he was under the impression that the proceeds of all cotton shipped to Messrs. Fraser, Trenholin & Co. on account of the various bureau Page 157 CONFEDERATE AUTHORITIES. 157 of his Department would be subject to my control. Owing, however, to the want of proper instrnctions Messrs. Fraser, Trenholm & Co. do not feel authorized to transfer the funds of the Department from one bureau to another on my order; besides, these gentlemen inform me that the proceeds of all cotton received by them on account of the War Department are always anticipated by drafts from yourself and the other purchasing officers at Nassau and Bermuda. You will thus see the dilemma in which I am placed by the appear- ance of your drafts. To refuse them would entirely destroy your credft at Nassau, and to accept them without knowing where the money is to be had to meet them would have quite as fatal an effect here and in England, where our credit again begins to look up. I shall, how- ever, take the latter risk, and accept the bills you have already drawn, provided they do not exceed 20,000; but you must not on any account draw again unless I should advise you that I am in funds, as it would only result in having your bills dishonored. When the Secretary of War gave you authority to draw on me he was under the entire misapprehension as to the state of our finances in Europe. Of the drafts advised of in your letter of the 16th of January the following have been presented and will be accepted: Sixty days drafts in favor of s. d. B. Whitworth & Bro 400 0 0 Jerney& Mueller 1,600 0 0 Bowman, Tettler& Co 1,600 0 0 a. d. 3,600 0 0 Ninety days: W. B. Sterrett, esq 1,062 10 0 Jerney& Mueller~ 1,5.10 19 7 R. Hagedorn, esq 475 0 0 3,048 9 7 6,648 9 7 Two other drafts of 250 each, dated 14th of January, in favor of H. W. Golduing, esq., and Messrs. Servine, Morris & Co. (Nos. 265 and 269), have been presented, which are not advised of in your letter; consequently they will not be accepted until I have further advice from you. In all instances when you draw on me advise me of the a same. With much respect, your obedient servant, C. J. McRAE, ~A gent, & c. [Inclosure No. 2.] 3 MORGATE STREET, E. C., LONDON, February 17, 1864. GENTLEMEN: Major Huse desires me to say that the new accounts have been received from Messrs. Isaac, Campbell & Co., but they appear to be entirely unsatisfactory. While some corrections have been properly made the accounts are deficient in many respects; the matter of commissions is sought to be evaded by deducting them. Major Huse has handed the papers to Messrs. Quilter, Ball & Co. to elicit their opinion before submitting them to you. They will throw some important light on the accounts as originally rendered. I am, gentlemen, very respectfully, your obedient servant, COLIN MoKINSIE Page 158 158 CORRESPONDENCE, ETC. [Inclosure No. 3.] PARIS, February 14, 1864. Hon. C. J. McRAE: MY DEAR SIR: I cheerfully comply with your request to state what I know of Major Huse in connection with certain rumors respecting his mode of living, & c. I have seen much of Major Huse since I have been in Europe, and everything that I have seen has impressed me most favorably in his behalf. He lives with great simplicity and economy in the suburbs of Paris, occupying a house belonging to Messrs. Erlanger & Co., for which I have always understood that he pays no rent. He has always seemed to me to be animated by an anxious desire to perform most scrupulously and consistently the duties intrusted to him. Very truly, yours, JOHN SLIDELL. [Inclosure No. 4.] PARIS, February 13, 1864. C. J. MCRAE, Esq., 48 Avenue GabrieUe, Paris: DEAR SIR: In the correspondence published in the New York Herald, and attributed to Mr. Charles Lamar, I read that Major Huse is said to have received from his English friends a country house at Autenil, near Paris, where he lives in great style. Now, I think it my duty to inform you that the country house where Major Huse lives is mine; that I am the owner of several country houses in Autenil which I do not like to let, and that I have offered Major Huse and Colonel Bulloch the use of one of these houses, which is fur- nished, during their stay in Paris and as long as I should iiot want the house myself. I am not called to express any opinion on the character of Major Huse, but I will say so much that, when in our early negotiations about the loan we desired Major Huse to take out the proposition for the Confederate States (which he was willing to do), and offered him for the danger he wonld be exposed to by running the blockade a compensation, he declined it, saying that in his capacity as a Confederate officer he thought he had no right to accept it. A mans character is easily stained by false assertions, and I think it a duty to establish truth whenever to my knowledge false state- ments have been made. Believe me, dear sir, very truly, yours,. EMILE V. ERLANGER. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, February 20, 1864. General R. E. LEE, Commanding, & c.: GENERAL: I have the honor to acknowledge the receipt of your let- ter of the 16th [15th] instant, * mentioning the measures you deem it expedient to adopt for the return of men who may be unnecessarily absent from your army. I should be gratified to have such examin- ation made as yon suggest to determine how far detailed or disabled * See Series I, Vol. XXXIII, p. 1173 Page 159 CONFEDERATE AUTHORITIES. 159 men may be returned. The commission named by you will receive the sanction of the Department, and its authority will be given to the measures you propose. The Adjutant-General will be directed to issue the proper orders. Your suggestion, made by letter of the same date, to break up cer- tain of the smaller hospitals in Virginia has been referred to the Surgeon-General for consideration and report. I am inclined to think, from my personal knowledge, that the hospital at Huguenot Springs, from its vicinity to Richmond and the advantages it affords, had best be continued. In respect to the others, my impression inclines to concur with you. Very respectfully, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 21. Richmond, February 20, 1864. The following act of Congress is published for the information of the Army: AN ACT to reduce the currency and to authorize a new issue of notes and bonds. SECTION 1. The Congress of the Confederate States of America do enact, That the holders of all Treasury notes above the denomination of five dollars, not bearing interest, shall be allowed until the first day of April, 1864, east of the Mississippi River, and until the 1st day of July, 1864, west of the Mississippi River, to fund the same, and until the periods and at the places stated the holders of all such Treasury notes shall be allowed to fund the same in registered bonds payable twenty years after their date, bearing interest at the rate of four per cent. per annum, payable on the 1st day of January and July of each year. SEC. 2. The Secretary of the Treasury is hereby authorized to issue the bonds required for the funding provided for in the preceding section; and until the bonds can be prepared, he may issue certificates to answer the purpose. Such bonds and certificates shall be receivable, without interest, in payment of all Government dues payable in the year 1864, except export and import duties. SEC. 3. That all Treasury notes of the denomination of one hundred dollars not bearing interest, which shall not be presented for funding under the provisions of the first section of this act, shall, from and after the first day of April, 1864, east of the Mississippi River, and the first day of J~mly, 1864, west of the Missis- sippi River, cease to be receivable in the payment of public dues, and said notes, if not so presented at that time, shall, in addition to the tax of thirty-three and one-third cents imposed in the fourth section of this act, be subject to a tax of ten per cent. per month until so presented; which taxes shall attach to said notes wherever circulated, and shall be deducted from the face of said notes whenever presented for payment or for funding, and said notes shall not be~exchangeable for the new issue of Treasury notes provided for in this act. SEc. 4. That on all said Treasury notes not funded or used in payment of taxes at the dates and places prescribed in the first section of this act, there shall be levied at said dates and places a tax of thirty-three and one-third cents for every dollar promised on the face of said notes. Said tax shall attach to said notes wherever circulated, and shall be collected by deducting the same at the Treas- ury, its depositories, and by the tax collectors, and by all Government officers receiving the same, whenever presented for payment or for funding, or in pay- mnent of Government dues, or for postage, or in exchange for new notes as here- inafter Provided, and said Treasury notes shall be fundable in bonds, as provided in the first section of this act, until the 1st day of January, 1865, at the rate of sixty-six and two-thirds cents on the dollar, and it shall be the duty of the Secre- tary of the Treasury, at any time between the 1st of April, east, and the 1st of July, 1864, west of the Mississippi River, and the 1st of January, 1865, to substi- tute and exchange new Treasury notes for the same, at the rate of sixty-six and two-thirds cents on the dollar: Provided, That notes of the denomination of one hundred dollars shall not be entitled to the privilege of said exchange: Provide Page 160 16() ~O1flS~PONDE~LWE, E1~. further, That the right to fund any of said Treasury notes after first day of Janu- ary, 1865, is hereby taken away: And provided further, That upon all such Treasury notes which may remain outstanding on the first day of January, 1865, and which may not be exchanged for new Treasury notes, as herein provided, a tax of one hundred per cent. is hereby imposed. SEc. 5. That after the first day of April next all authority heretofore given to the Secretary of the Treasury to issue Treasury notes shall be, and [the same] is hereby, revoked: Provided, The Secretary of the Treasury may, after that time, issue new Treasury notes, in such form as he may prescribe, payable two years after the ratification of a treaty of peace with the United States, said new issues to be receivable in payment of all public dues except export and import duties, and to be issued in exchange for old notes at the rate of two dollars of the new for three dollars of the old issues, whether said old notes be surrendered for exchange by the holders thereof or be received into the Treasury under the provisions of this act; and the holders of the new notes or of the old notes, except those of the denomination of one hundred dollars after they are reduced to sixty-six and two- thirds cents on the dollar by the tax aforesaid, may convert the same into call certificates, bearing interest at the rate of four per cent. per annum, and payable two years after the ratification of a treaty of peace with the United States, unless sooner converted into new notes. SEC. 6: That to pay the expenses of the Government not otherwise provided for, the Secretary of the Treasury is hereby authorized to issue six per cent. bonds, to an amount not exceeding five hundred millions of dollars, the principal and interest whereof shall be free from taxation; and for the payment of the interest thereon the entire net receipts of any export duty hereafter laid on the value of all cotton, tobacco, and naval stores, which shall be exported from the Confed- erate States, and the net proceeds of the import duties now laid, or so much thereof as may be necessary to pay annually the interest, are hereby specially pledged: Provided, That the duties now laid upon imports and hereby pledged shall hereafter be paid in specie, or in sterling exchange, or in the coupons of said bonds. SEC. 7. That the Secretary of the Treasury is hereby authorized from time to time, as the wants of the Treasury may require it, to sell or hypothecate for Treasury notes said bonds or any part thereof, upon the best terms he can, so as to meet appropriations by Congress and at the same time reduce and restrict the amount of the circulation in Treasury notes within reasonable and safe limits. SEc. 8. The bonds authorized by the sixth section of this act may be either reg- istered or coupon bonds, as the parties taking them may elect, and they may be exchanged for each other under such regulations as the Secretary of the Treas- ury may prescribe. They shall be for one hundred dollars, or some multiple of one hundred dollars, and shall, together with the coupons thereto attached, be in such form and of such authentication as the Secretary of the Treasury may pre- scribe. The interest shall be payable half yearly, on the first of January and July in each yearthe principal shall be payable not less than thirty years from their date. SEc. 9. All call certificates shall be fundable and shall be taxed in all respects, as is provided for the Treasury notes, into which they are convertible. If not converted before the time fixed for taxing the Treasury notes such certificates shall from that time bear interest upon only sixty-six and two-thirds cents for every dollar promised upon their face and shall be redeemable only in new Treas- ury notes at that rate, but after the passage of this act no call certificates shall be issued until after the first day of April, 1864. SEC. 10. That if any bank of deposit shall give its depositors the bonds author- ized by the 1st section of this act in exchange for their deposits and specify the same on the bonds by some distinctive mark or token, to be agreed upon with the Secretary of the Treasury, then the said depositor shall be entitled to receive the amount of said bonds in Treasury notes bearing no interest and outstanding at the passage of this act: Provided. The said bonds are presented before the privi- lege of funding said notes at par shall cease, as herein prescribed. SEC. 11. That all Treasury notes heretofore issued of the denomination of five dollars shall continue to be receivable in payment of public dues, as provided by law, and fundable at par under the provisions of this act, until the 1st day of July, 1864, east, and until the 1st day of October, 1864, west of the Mississippi River, but after that time they shall be subject to a tax of thirty-three and one- third cents on every dollar promised on the face thereof, said tax to ~ttach to said notes wherever circulated, and said notes to be fundable and exchangeable for new Treasury notes, as herein provided, subject to the deduction of said tax Page 161 CONFEDERATE AUTHORITIES. 161 S1~c. 12. That any State holding Treasury notes, received before the times herein fixed for taxing said notes, shall be allowed until the 1st day of January, 1865, to fund the same in six per cent. bonds of the Confederate States, payable twenty years after date, and the interest payable senii-annually. But all Treas- ury notes received by any State after the time fixed for taxing the same, as afore- said, shall be held to have been received diminished by the amount of said tax. The discrimination between the notes subject to the tax and those not so subject shall be left to the good faith of each State and the certificate of the Governor thereof shall in each case be conclusive. SEC. 13. That Treasury notes heretofore issued, bearing interest at the rate of seven dollars and thirty cents on the hundred dollars per annum, shall no longer be received in payment of public dues, but shall be deemed and considered bonds of the Confederate States, payable two years after a ratification of a treaty of peace with the United States, bearing the rate of interest specified on their face, payable on the first day of January in each and every year. SEC. 14. That the Secretary of the Treasury be, and he is hereby, authorized, in case the exigencies of the Government should require it, to pay the demand of any public creditor whose debt may be contracted after the passage of this act, willing to receive the same in a certificate of indebtedness to be issued by said Secretary, in such form as he may deem proper, payable two years after a rati- fication of a treaty of peace with the United States, bearing interest at the rate of six per cent. per annum, payable semi-annually and transferable only by special indorsement under regulations to be prescribed by the Secretary of the Treasury, and said certificate shall be exempt from taxation in principal and interest. SEC. 15. The Secretary of the Treasury is authorized to increase the number of depositories so as to meet the requirements of this act, and with that view to employ such of the banks of the several States as he may deem expedient. SEC. 16. The Secretary of the Treasury shall forthwith advertise this act in such newspapers published in the several States and by such other means as shall secure immediate publicity, and the Secretary of War and the Secretary of the Navy shall each cause it to be published in general orders for the information of the Army and Navy. Szc. 17. The forty-second section of the act for the assessment and collection of taxes, approved May 1st, 1863, is hereby repealed. SEC. 18. The Secretary of the Treasury is hereby authorized and required, upon the application of the holder of any call certificatewhich by the first section of the act to provide for the fun ding and further issue of Treasury notes, approved March 23d, 1863, was required to be thereafter deemed to be a bond to issue to such holder a bond therefor upon the terms provided by said act. Approved February 17, 1864. By oruer: S. COOPER, A~jutanl and Inspector General. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, lion. J. A. SEDDON, Columbia, February, 20, 1864. Secretary of War: SIR: The Hon. A. P. Aldrich, speaker of the House of Representa~ tives and chief of my staff, comes to you possessed of my views, and fully authorized to represent me in reference to the interest of the State in the Bee ships. After the receipt of your letter of the ~th instant, in which you say that any vessel engaged by the State and carrying out for it the amount of cotton required by others to be carried out for the Department would not be interfered with or restrained, I am surprised that the Secretary of the Navy should be allowed to take the States interest in the Alice, and that he now claims the one-third in the Fannie, just arrived. I am informed, moreover, that the States of North Carolina and Virginia have similar interests which are not interfered with. There may be some misapprehension 11 R RSERIES IV, VOL II Page 162 162 CORRESPONDENCE, ETC. on this point, and I trust it is not correct that such distinction is made. This is a matter of such interest to the people of the State, and heretofore in the field, that I feel it my duty to send in a special representative to confer with you upon it. I am, sir, very respectfully, your obedient servant, M. L. I3ONIIAM. Whereas, in view of the pressing importance of making extraordi- nary efforts to produce as large crops as possible the present year; and whereas, the recent requisition by the Confederate authorities for slave labor to work on fortifications will, if carried out, interfere seriously with the fanning productions of the State: Therefore, be it Resolved by the General Assembly, That the Governor of this State be respectfully requested to confer with the authorities of the Con- federate States and urge upon them the necessity, in the present emergency, of releasing the slaves from said requisition, if in the judgment of the Confederate authorities this release may be granted consistently with the necessities of the military situation. A copy from the rolls. Teste. WM. F. GORDON, JR., Clerk of the House of Delegates and Keeper of Records. [Indor~ement.] FEBRUARY 20, 1864. His Excellency Governor SMITH: It is with regret that I feel constrained not to defer to the expres- sion of desire on the part of the General Assembly to which such deference is justly due. But the importance of completing the works for the defense of the Capital of the State and the Confederacy is great, and events of constant occurrence demonstrate that rather on the completeness and sufficiency of such defenses than on the number of troops which the exigencies of the service will allow to be retained here, must the safety of the city depend. The present, too, is believed to be the season of the year when most conveniently and with least sacrifice to the planting interests can slaves be spared. At this time the important work is that merely of preparation, of plowing and repairing fences and the like, which require few hands. Later, when the planting season commences, the laboring slaves are much more needed, and it has been the effort and desire of the Department so to arrange its calls as to liberate most or all the laborers by that more important season. In view of the whole case, it ~s hoped that the opinion of the Department to persist in the call will not be deemed either unreasonable or productive of just complaint. J. A. SEDDON, Secretary of War. [FEBRUARY 20, 1864.For correspondence between Polk and Watts, in relation to Alabama troops to support the Confederate forces, see Series I, Vol. XXXII, Part II, pp. 782, 783.] [FEBRUARY 21, 1864.For Beauregard to Cooper, with reference to recruiting and conscription, and inclosing correspondence and orders relating thereto, see Series I, Vol. XXXV, Part I, pp. 623632. Page 163 CONFEDERATE AUTHORITIES. 16~ GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 22. Richmond, February 2~i, 1864. I. Clause 3, paragraph II, General Orders, No. 75, 1863, is amended by adding after the words as clerks the words or detailed men. II. Clause 3, paragraph II, General Orders, No. 7, current series, is amended as follows: Persons liable to military service may volun- teer in or be assigned to any company of artillery in service on the 16th of April, 1862, having less than eighty-fonr men upon the rolls. III. Non-commissioned officers, musicians, and privates detached from their commands, by furlough or detail, for a longer period than thirty days, will be furnished by company commanders with but one descriptive list, upon which the soldiers account with the Govern- ment (pay, clothing, and commutation for furlough, under the act of Congress, February 7, 1863) will be stated. Soldiers in hospitals, not furnished with descriptive lists by company commanders when furloughed, will have such lists provided by the surgeon in charge. Payments made will be indorsed on the descriptive lists, which will be returned to the soldier, and transportation furiiished in kind under the act cited will be indorsed on the descriptive list and also on the furlough. When the soldier rejoins his command the descriptive list will be returned to the company comlnander, who will, after recording the payments made, destroy it. Quartermasters are prohibited from paying soldiers absent, as set forth in this order, from their commands, except in the manner herein ordered. IV. Persons not liable to conscription who may wish to volunteer may be enrolled as volunteers, and receive transportation to the com- pany they select. The enrollment will be communicated by the enroll- ing officer in each instance to the company commander. V. Soldiers who furnish an able-bodied recruit, who is mustered into service under the provisions of the preceding paragraph, are entitled, when on furlough, to transportation home and back. VI. The provisions of paragraph V, General Orders, No. 31, 1863, are held to apply to non-commissioned officers and privaP~s entitled to furlough under act of Congress approved February 7, 1863. Re-elected officers are not allowed transportation, or commutation in lieu thereof, under any of the acts providing furloughs, bounty, and transportation to persons re-enlisted or mustered into the service. S In each case the commutation allowed in lieu of furlough will be paid by the quartermaster of the command to which the soldier belongs, and by no other quartermaster. VII. Chaplains may receive the rations in kind allowed them by law, or commute them at the Governlnent price. VIII. The following is published for the information of the Army: AN ACT to provi(le for retiring officers of the Army. The Oongress of the C~onfederate States of America do enact, That the Presi- dent be, and he is hereby authorized, upon the recommendation of any general commanding a department or an army, to discharge from service any officer of the Confederate States Army, or of the Provisional Army of the Confederate States, who has no command and cannot be assigned to any appropriate duty, or who is incompetent or inefficient, or who may be absent from his command or duty without leave: Provided, That any officer who may be discharged for incom- petency, mnefficmency, or absence from his command or duty without leave, shall be entitled to a trial before an examining board, under existing laws, if he demands it of the commanding general within thirty days: Provided further, That it shall not extend to any officer who is absent on account of his captivity. Approved February 17, 1864 Page 164 164 CORRESPONDENCE, ETC. IX. All officers, whether of Regular or Provisional Army, absent from their commands and not on duty, as well as those who are with- out assignment to duty by competent authority, will report their address by letter to this office, stating the circumstances of their absence from duty; and if unassigned, when and where last oi duty. By order: S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February ~3, 1864. His Excellency J. E. BROWN, Governor of Georgia, ]tliilledgeville, Ga.: SIR: Your letter of the 29th ultimo has been received. The impor- tant business that has engaged the attention of the Department during the present month, in connection with Congress, has prevented me froni affording a reply to it before this time. The reply shall be made without any reference to the acrimonious language you have thought proper to address to the Department. The severe losses sustained in different portions of the Confederacy during the campaign of the last spring, froln the cavalry raids of the enemy, and the critical condition of our affa~irs in Mississippi and Tennessee, impressed me with the conviction that a thorough organi- zation of the reserve forces of every State had become necessary to avert similar disasters. On the 6th of June last I addressed a communication to the Execu- tive of each of the States east of the Mississippi River inviting their co-operation in the attainment of this desirable object. The plan of organization proposed was described in that letter; also, in a letter of the 19th of June, and in the published orders of the Department of the 22d of June ultimo. The plan was to organize all the population not liable to military service under the acts of Congress, usually designated as conscription acts, in companies and regiments under the acts of Congress to pro- vide for the local defense. The companies thus formed were not to be called into ~service unless they were actually needed; were to serve only while the emergency lasted, and were then to be dismissed to their homes. To secure these organizations a requisition was made for a quota of militia from each of the States, but with the declaraUon that these militia troops were not preferred, and that the call for militia would be fully answered if companies for ~the local defense were organized. In my telegram to you of the 12th of June I say: Organizations under the law of the Provisional Congress are preferred mainly because of their longer term of duration and greater adaptation for ready call, or temporary service, and then for dismission to their ordinary pursuits. The militia called out for even a limited time would be continuously in the field. Besides militia corps, if they could be called out so temporarily, might be con- sidered by the enemy as State troops, not, in their construction, entitled to exchange. If, however, the organizations are not formed in adequate numbers, militia, on the plan proposed by you or in the usual way, will be accepted. On June 16 I informed you that the privilege of organizing com- panies for local defense, and of tendering them to the President for acceptance, is allowed to the people by the act of Congress. I am not authorized to restrict or deny it. If you will undertake to direct such organizations, and can thus obtain the whole number require Page 165 CONFEDERATE AUTHORITIES. 165 in Georgia for the purpose explained, I will thankfully accept your aid, and from this time leave the matter in your hands for execution. The authority thus confided was confided at your request, and the organizations completed in Georgia have been made under your super- intendence. That the expectations of the Department were not fully answered as to the character of the organization to be formed is quite appareiit, and the returns of the muster-rolls for Georgia have been so tardy that the Department has been left in ignorance for much of the time as to the nature and strength of the organizations actually made. For a portion of the time you have claimed that these organizations were militia organizations, and were to be commanded by State officers. The Department has accepted, with thankfulness, the co-operation you proffered, and that it has not realized from it its entire expecta- tions or hopes has been rather a matter of regret than for censure or complaint. That an organization of the whole military strength of Georgia had become necessary for the defense of the State, the events that have occurred since June last sufficiently attest. The fall of Vieksburg and Port Hudson; the defeat sustained by our troops at Jackson and Gettysburg; the evacuation of Tennessee by Generals Bragg aud Buckner; the accumulation of force by the enemy on the coast of South Carolina and Georgia, and the concentration of the army of General Grant at Chattanooga, have all contributed to menace Georgia with an invasion of a very formidable character. The inva- sion actually took place; and but for the advantage obtained by our troops at Chickamauga the most fatal consequences may have ensued. Nor has the Department at any time felt that degree of security in respect to the sea-coast of Georgia that authorized any diminution of the force collected for the defense of Savannah. The situation on the frontier of Georgia for the last six months has all the time been so critical that a judicious administration did not justify the disbanding of any troops under the control of the Department. I have no disposition to depreciate the importance of a full supply of provisions for the Army and people. No one can be more pro- foundly impressed with the existence of the necessity than myself. The duty imposed upon the Department of reconciling the claims of the different branches of service for support is among the most diffi- cult and delicate that it has to perform. That undue preference has not been given to the Army is evinced by the fact that the disasters it has sustained have been owing principally to the defi~ciency of its numbers. In consequence of the inability of this Government to niaintain the numbers of the Army to that standard that would enable it to compete with that of the enemy we must ascribe the lamentable condition of many parts of the Confederacy at this time which are in his occupation. Congress, in view of this fact, have been continually employed in increasing the draft from those employed in industrial pursuits to fill the diminished ranks of the Army. The Department may regret the necessity for this, but unless the cause of the Con- federacy is to be abandoned it can see no other course for it to pursue than to execute the laws passed by Congress in the spirit with which they have been made. A cordial acquiescence and support of that legislation is called for by every mnotive of patriotism, every senti- inent of loyalty, and every consideration of public honor and private interest. Very respectfully, yours, JAMES A. SEDDON, Secretary of War Page 166 166 CORRESPONDENCE, ETC. STATE OF SOUTH CAROLINA, EXECUTIVE DEPARTMENT, Columbus, February 23, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: Allow me to urge upon your consideration the policy and jus- tice of placing conscripts in the oldest and veteran regiments, so far as South Carolina is concerned. Whilst I would not desire to make distinctions among those which first entered the field, I would men- tion Kershaws and Jenkins brigades especially as being entitled to a shareperhaps the largest share. Under your predecessor a regi- inent of mounted men in this State, now commanded by Colonel Aiken, was allowed to be organized almost entirely of conscripts, which the law contemplated should have gone into the old regiments. When the call was made up to forty the conscripts were allowed to remain here and join regiments which had not been in active service already, whereby the ranks of some have been swollen to more than the maximum, and even so far as to form new additional companies. This is unjust to the old regiments which have been thinned by bat- tle and disease, and may ultimately be subjected to consolidation, whilst those seeing but little service have been enabled to keep full ranks. I am, sir, very respectYully, yours, M. L. BONHAM. TALLAHASSEE, FLA., February 2~, 1864. Maj. THOMAS L. BAYNE, Ordnance Bureau, Richmond, Va.: MAJOR: Nothing has occurred since my last telegram to affect or remove the entire interruption of all operations connected with my special service in Florida, which was caused by the unexpected advance of the enemy from Jacksonville. Since their very decided repulse at Olustee they have fallen back beyond Baldwin, and it is conjectured that they are awaiting re-enforcements, as it is reported how authentically I am not awarethat all their transports have sailed for Hilton Head. As you will readily conjecture, the fact that East Florida has suddenly become the theater of active military oper- ations most materially affects the views I presented in my last com- munication in regard to the several plans of operation I expected to be developed in that portion of the State. I can therefore only repeat more in detail the information I telegraphed. The paint Marys was sunk and her cargo, I presume, ~vas destroyed. Of this fact and of the reported loss of cotton at Camp Finegan and Baldwin, I have, however, no certain information. Lieutenant Buckman has been engrossed by his ordnance duties, and I apprehend has been unable to advise me on these points, even if it were possible for him to obtain accurate information. The military movements now in progress indi- cate a purpose to contest most energetically the effort of the emiemy to establish themselves permanently in Florida. How soon or how effectual these movements may be, it is not for me to conjecture. I can but repeat the fact that at present I am entirely mimmable to do anything, and must await the results of the campaign to ascertain whai~ changes in the condition of things may occur. Captain 1-lobart has reported and has been advised of the remit- tances of funds, but I have deemed it entirely inexpedient to mak Page 167 CONFEDERATE AUTHORITIES. 167 any purchases of cotton, as there exists no reasonable prospect of its exportation now, no vessels being looked for at any point on the coast pending the military operations now in progress. This complete sus- pension of the efforts which I hoped to make for the accomplishment of results here is exceedingly unpleasant, and the irksome inaction which it has occasioned presses heavily upon me. I consider it my duty to await the developments of the coming month before express- ing decided opinions as to the prospects of substantial success, and will therefore remain at or within reach of this place, unless otherwise instructed by you. Beyond the receipt of the acknowledgment of the approval Oi Captain Hobarts bond, I am entirely without any com- inunication or advices from the Department since I left Richmond. Very respectfully, your obedient servant, JNO. BLAIR HOGE, Major, & c. [First indorsernent.] MARCH 3, 1864. Respectfully referred to the Secretary of War for notice and returu. THOS. L. BAYNE, lJIajor. [Second indorsemeut.] MARCH 6, 1864. ORDNANCE BUREAU: Major loge may now be recalled unless the Treasury Department should, under the new plan, require his services. J. A. S., Secretary. [Third indorsement.] MARCH 11, 1864. I respectfully ask that Maj. J. B. loge may be ordered to report here to give such information as may be desired, and for conference in regard to ports of Florida, and that Capt. Edward Hobart may be left in charge. THOS. L. BAYNE, Lieutenant- Golonel, in charge of Steamers. [Fourth indorsement.] MARCH 11, 1864. ADJUTANT-GENERAL: Order Major Hoge to report here, as suggested by Major Bayne. J. A. S., Secretary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 25, 1864. Col. IRA R. FOSTER, Quartermaster- General of Georgia, Atlanta, Ga.: SIR: I have received your letter of the 17th instant requesting an order to purchase supplies in Florida to manufacture clothing for Georgia troops in the Confederate service. In reply you are respect- fully informed that no special permits are ever given, but purchase Page 168 168 CORRESPONDENCE, ETC. made for a State are not liable to impressment, and I know no law prohibiting removal of supplies from Florida. Your obedient servant, JAMES A. SEDDON, Secretary of War. CHARLESTON, S. C., February 2~, 1864. Hon. EDWARD SPARROW, La Grange, Ga.: DEAR SIR: I have to thank you for the courtesy of sending me a copy of the army bill as reported from your committee before its passage through the Senate and for your flattering request that I should make any suggestions which I might think would improve it. The constant pressure of official duties of an urgent character pre- vented me from availing myself of your kindness to present my general views touching the subject-matter of your bill in time for consideration before Congress had acted, and any partial suggestions I felt could be of no value. In November, 1861, an elaborate plan, prepared with much labor by an officer of my staff, was submitted to prominent statesmen pro- viding for systematic means of raising and keeping on an efficient footing a proper force for the conduct of this war on the scale it must grow to. The plan submitted was a careful adaptation of the French and Prussian systems of conscription, and the Landwehr, modified to suit existing conditions, and it had my full approval at the time; but unfortunately no one then appeared to comprehend that it were as much a sheer impossibility to carry on this colossal war with a volun- teer forcethat is, by voluntary contributions of brawn and muscle, flesh and blood, as with voluntary gifts of bread and beef, powder and lead, swords and guns. The plan received no countenance what- soever and fell stillborn. An attempt was made, as will be remem- bered, by the act of December 11, 1861, to induce the men to re-volunteer with an ill-success which history should have taught us to expect. Then it was that in April, 1862, the first so-called act of conscription was resorted to. This to a certain degree met the neces- sities of the hour and was effective; but it lacked a great deal of what it might have been if it had been drawn up with knowledge of the details and working of European systems. Many of the defects of the act of 16th of April, 1862, ought to have been avoided and should be remedied. The act is at direct variance indeed (unnecessarily and without gain) with the fifudamental primi- ciple of our Government, State sovereignty, and organized State gov- ernments. It would not only have been more consonant with our polity, but more effective and far more economical, I am convinced, if the State authorities had been required to recruit and furnish the men of their respective State quotas; and the last bill is open to the same objections. The present system is expensive to a degree far from commensurate with results. It fills the country with function- aries the substantial duties of whom could be performed, I am satis- fied, by the local State authorities in addition to their local duties, and thus save many officers and men for the military service who are now kept from the field. The plan of which I speak as having been drawn up in 1861 was based on this cardinal principle that the States should severally fur- nish their quotas of men on the requisition of the central executive Page 169 CONFEDERATE AUTHORITIES. 169 under regulations made by Congress. The companies and regiments were, so to speak, localized or sectionalized; that is, all between cer- tain ages were enrolled in the several districts of the country, the com-~ pany being the unit, and there was a reserve left at home, which was a part of the company in the field, and from which were drawn the men to fill vacancies. Enrollments were made by the local magistracy, and in ways so carefully guarded that it must have been more effi- ciently done than now. All people at home were made interested in keeping skulkers in the field by details of administration carefully elaborated, yet simple in operation. We have not acted wisely in ignoring the systems which, under similar conditions, have worked so effectively in recruiting the armies of France and Prussia in great emergencies, and in adopting one which is the most expensive and irresponsible in the world. At the same time we ought to provide a permanent and real con- script system, after the French plan, for a small regular force, for the true conscription method of recruiting takes time to be established in a country. It is not too late to modify existing laws and adopt the State system even now; but with this modification there should go hand in hand a reorganization of the Provisional Army somewhat as follows: A regiment of infantry should be made to consist, in active service, of two battalions of eight companies or three battalions of six compa- nies each, instead, as now, of one battalion of ten companies that is, we should conform to European organizations in such a war as this. There would be an advantage in this in many ways, it is believed, including the economy resulting from a reduction of the number of officers. Brigades would then be made to consist of not less than forty-eight companies, and the companies should be kept as near to the standard of 90 or 100 men as possible. If I can find the time before the assembling of Congress again, I may submit the details of these plans for your consideration as a leg- islator. Meantime, with high consideration, I am, sincerely, yours, (4.T. BEAUREGARD. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 25, 1864. Governor Z. B. VANCE, Raleigh, N. C.: YOUR EXCELLENCY: I have the honor hereby to acknowtedge receipt of your letter of 18th instant, and to say in reply thereto that the President has now under consideration certain uniform regulations in conformity with the recent legislation of Congress. A copy of same will be sent you as soon as they are promulgated. Very respectfully, your obedient servant JAMES A. SEDDON, Secretary of War. SPECIAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 46k. ~ Richmond, Va., February 26, 1864. I. For the more thorough and efficient conduct of this Bureau the following orders regulating the distribution of duties and the transac- tion of business are published for the guidance of the several officers herein on duty Page 170 170 CORRESPONDENCE, ETC. II. The Bureau will be divided into several offices, to wit: The reception office, the office of orders, the appointment office, the office of organization, the judge-advocates office, the adjutant-generals office, the office of inspection, and the office of the Adjutant and Inspector General. Each will be charged with specific duties, and will be independent of the others, the several officers receiving orders from and being responsible to the Adjutant and Inspector General and the Secretary of War directly. III. The reception office will be charged with the keeping of the files and general records; the reception and opening of the mails and all official papers; the iudorsiiig, entering, and distributing of all papers to the offices charged with action upon them, the recording of such action, and the flliiig of papers, or, when necessary, their trans- missiou from one office to another and from the Bureau. Upon this office will also devolve the reception of and attention to visitors. It will occupy the first and second in the suite of rooms in the main building. IV. The office of orders will be charged with keeping the record of the general and special orders, and with action upon all papers and applications requiring for their completion solely the issuing of a special order, such, for instance, as applications for leaves of absence, furloughs, transfers, details, discharges and return of soldiers, resig- nations and assignment of officers, & c. This office will occupy two rooms next in suite to the reception office. V. The appointment office will be charged with the register of com- missioned officers appointed and with the duty of acting upon all applications for appointment, preparing nomination lists, issuing let- ters of appointment, and entering confirmations. It will occupy the first and second rooms in the building adjacent to the main building, formerly occupied by the Commissary-General. VI. The office of organization will take charge of the muster-rolls, rosters, returns, and reports, and act upon all matters relating to the organization of the Army, such as the raising, muster, consolidation, recruiting, or disbanding of companies, battalions, and regiments, the succession of officers by election or promotion; questions of rank between officers of the line, & c.; all matters bearing mainly not upon individuals, but upon organized bodies of troops. This office will occupy the rooms adjacent to the appointment office, and the building in the rear, upon the second and third floors of which the rolls will be kept. VII. The judge-advocates office will take action upon all papers and applications relating to courts-martial a~d coiiwts of inquiry and will occupy for the present the room in the main building next to the office of orders. VIII. The adjutant-generals office will be charged with the duty of acting upon all papers which cannot properly be devolved upon other offices, and upon all papers submitted to or devolving specially upon the Adjutant and Inspector General, and with the preparation of the general orders. It will for the present occupy rooms with the judge-advocates office. IX. The office of inspection, which will devolve upon the assistant inspector-general, to be assigned to duty in this Bureau, will take charge of inspection reports, and will attend to the duties of inspec- tion in the several armies and staff departments, and of enforcing obedience to the laws, orders, regulations, and usages of the service Page 171 CONFEDERATE AUTHORITIES. 171 X. The office of the Adjutant and Inspector General will contain the confidential files and records of the Bureau, and will take cogni- zance only of such matters as are beyond the ordinary duties of routine and which cannot properly devolve upon the officers herein- before designated. It will occupy the last room in the suite in the maui building. XI. Capt. John W. Riely is assigned to duty in the reception office; Lieut. Col. John Withers, in the office of orders; Lieut. Col. E. A. Paifrey, in the appointment office; Maj. Sam. W. Melton, in the office of organization; Maj. C. H. Lee, in the judge-advocates office; Lieut. Col. H. L. Clay, in the adjutant-generals office. XII. Maj. W. S. Barton, assistant adjutant-general, is assigned to duty in the office of organization iii this Bureau, and will be charged specially with the duty of acting upon the i~eports of examining boards. XIII. Colonel Withers will, as heretofore, have charge of the dis- bursement of the office fund, to which duty the chief clerk, Mr. H. C. Wall, is, under his supervision, specially assigned. Among the specific duties thus devolved will be the supplying of and attention to stationery, furniture, printing, blanks, outside work, and generally whatever involves expenditure. XIV. The officers on duty in this Bureau will be required to take final and decisive action upon all matters within the scope of their capacity and the limits of whatever authority may be delegated to them, and will submit to the Adjutant and Inspector General such papers and applications only as require a higher discretion, and to the Honorable Secretary of War such only as demand the exercise of authority not delegated; the rule hereafter to control the distribu- tion of duties and the transaction of business in this Bureau being that officers should do nothing which can be as well done by their subordinates. XV. Each paper submitted to the 1-Jonorable Secretary of War or to the Adjutant and Inspector General will be prepared for their action by indorsement, exhibiting succinctly but clearly the contents of the paper and of its inclosures, in such manner as to present the points for decision and the ftwts stated bearing upon them, together with the facts appearing of record in the Bureau, and the maturely con- sidered opinion of the officer charged with the office to which the subject-matter of the paper may relate. The indorsemeuts, so far as they exhibit the contents of papers and their inclosures, will be made in the reception office. XVI. No paper will be placed finally upon the files until the writer ~r party concerned is notified of the action taken upon it; and to avoid the duplication of papers and the unnecessary accumulation of business, such notification will be given by written communication at the earliest possible moment. If it be deemed unimportant and unnecessary to retain a paper on file as a record or for reference, the notification will be indorsed thereon, and it will be retui~ned to the writer, the action having been first recorded in the indorsement book in the reception office. XVII. The door will be opened to the public at 11 oclock and closed at 1 oclock. Before and after these hours no person will be admitted without the sanction in each instance of the Adjutant amid Inspector General, except the heads of departments, commanding generals, the chiefs of bureaus, and the clerks of the Bureau of War Page 172 172 CORRESPONDENCE, ETC. XVIII. The officer on duty in the reception office will attend to the application of each visitor, and if possible meet his purpose without communication with the other offices. When indispensable the vis- itor will be directed, or, if need be, conducted, to the officer upon whom may devolve the subject-matter in hand. The doors between the reception office and the other offices will be habitually closed, and visitors will not pass them without permission. It is desirable that this Bureau be regarded strictly as a place of business, and the duty is devolved upon the reception office of protecting the other offices from unnecessary intrusion and embarrassment in the continuous transaction of business. The officer in charge will, in addition to the regular hours, attend in this office one hour, between the hours of 6 and 7 oclock in the evening, and a clerk or employ6 will remain on duty at all hours, day and night. XIX. The doors of the office of the Adjutant and Inspector Gen- eral will be habitually closed, and visitors will not be permitted to pass them without consultation with the officer in charge of the adjutant-generals office, who will, if possible, himself answer the purpose desired. He will confer with the Adjutant and Inspector General, between the hours of 1 and 2 oclock each day, in reference to such papers submitted as may be beyond his discretion. He will receive the decision orally, and commit it to writing by indorsement or by separate communication. XX. The officers of this Bureau will proceed at once to make prep- arations for rearranging the rooms, papers, records, and furniture in accordance with the requirements of these orders, which will, if prac- ticable, be put into full operation by the 15th of March. Maj. Sam. W. Melton is charged with their prompt and thorough enforcement. S. COOPER, Adjutant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 26, 1864. Mr. Thomas F. Beale is hereby authorize4 to enlist a company of men, not to exceed ten in number, for secret service under the regula- tions prescribed by this Department for such organizations. When he shall have enlisted and mustered into the service for the war eight men, he will receive the commission of first lieutenant in the Provi- sional Army of the Confederate States, without pay. Transportation will be furnished him for his recruits to the place ~f rendezvous and to such points as he may select to operate against the enemy. J. A. SEDDON, Secretary of War. Forward to Thomas F. Beale, Mobile, Ala., care of Louisiana Relief Committee~ CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 26, 1864. His Excellency CHARLES CLARK, Governor of ]ilississippi: SIR: Hon. Mr. Watson, of your State, has communicated your wish to be definitely informed as to the views of the Department regardin Page 173 CONFEDERATE AUTHORITIES. 173 the operation of the recent legislation of Congress on the militia as existing in an organized condition in your State. Some of those organizations, it is understood, were constituted under an emergency with the consent of the President, and included men at the time subject to conscription. Another portion of the men, by the recent act of Congress, it is supposed, have likewise been subjected to like liability. Mr. Watson represents that your preference would be for the reten- tion, as organized militia, of all or some of these companies, and has desired me thus to convey to you the views of the Department. My convictions of expediency are decided against the employment of troops under distinct governments in the same field of action, and it is believed that, as the armies of the Confederacy must necessarily be the larger and more regular organizations and be under more efficient discipline, and in more continuous action, it is very desirable that all capable of military duty should be in some form embodied in the Confederate armies, and subject to the direction of our Com- mander-in-Chief. My deference, however, for your views, and the desire I unfei~nedly have to cordially co-operate with the Governors of each State in the great struggle in which we are engaged, would cause me to yield my own judgment if the laws I aiim bound to admin- ister did not seem to me to control the matter. In the Constitution, as I interpret it, three classes of troops only were contemplatedthe armies of the Confederacy, troops of war, which a State may keep in time of war, and the militia. The militia, in its wide aimd constitutional sense, I consider the population capable of arms, which constitutes the material out of which the Confederate Army and the State troops are to be drawn, or which, if not so engrossed, may be organized and employed in temporary service as militia, more strictly called. The power of the Confederacy to raise armies enables it, in my opinion, to engross the whole of the militia in its widest sense, but not to encroach upon or withdraw from the troops of war which a State may have regularly employed. In other words, I consider the Army of the Confederacy and the troops of war may either have been constituted from the militia or the arms-bearing population, and that when so constituted they are, respectively, the Army of the Con- federacy and the army of the State. As to these, when constituted, neither government can encroach on the other; but the militia, unless appropriated as troops of war regularly organized, are liable to the superior claims of the Confederate Government. Such superior claims have been exercised upon all between the ages of seventeen and fifty years, nuder the recent act of C~ngress, and consequently all State organizations that are not troops of war, per- manently enlisted as such, but uuilitia, whether organized or at large, are subjected to conscription. Those between eighteen and forty-five are devoted to filling the old organizations and to specific details; the others within the prescribed ages to designated purposes. It becomes my duty to see that they are so devoted and employed. I have no warrant or right to yield them to other (even State) organizations. With this explanation, you will readily understand that, as far as any troops organized and existing under State authority are properly troops of war~ of the State, in the language of the Constitution, they are exempt from the control or interference of the Department, but that all white residents between seventeen and fifty years of age not so embodied as troops of war must be claimed for the military service of the Confederacy in some of the various forms desigimated by the act Page 174 174 CORRESPONDENCE, ETC. of Congress on the subject. I may regret that it is not iii my power to exercise a more liberal discretion in conformity with your wishes, bnt your judgment and patriotism are confidently relied on to approve my adherence to the provisions of the law. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. DEMOPOLIS, February 27, 1864. His Excellency President DAVIS, Richmond: This will be handed you by Mr. Minor Major, a citizen of Missouri, who comes to me properly authenticated. He has been employed in the work of destroying the property of the enemy on the rivers, and is a member of an organization of a formidable character extending through the North, of which I have known for some time past and of which you have heard. He goes to Richmond on matters connected with his work, and I think you will be interested in hearing from him of the associations with which he is connected. Properly used, these associations could be of great value to our cause. Respectfully, your obedient servant, L. POLK, Lieutenant- General. [Indorsement.] Respectfully referred to the Honorable Secretary of War. S. R. M[ALLORY], Secretary. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., February 28, 1864. Governor J. E. BROWN, Miitledgeville, Ga.: YOUR EXCELLENCY: On the recommendation of General Lee, and from the disadvantages found to result to the service from the absence of officers who [are] likewise members of the Legislature, it has been concluded not to grant furloughs to attend the sessions. Officers so situated are entitled to resign, and may so elect. J. A. SEDDON, Sew~etary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 25. Richmond, Va., February 29, 1864. I. The following acts of Congress are published for the informa- tion of the Army: 1. JOINT RESOLUTION to (leclare the meaning of An act allowing hospital accommodations to sick and wounded officers. Resolved by the Congress of the Confederate States of America, That the true intent and meaning of An act allowing hospital accommodations to sick and wounded officers, approved the twenty-ninth day of April, eighteen hundred and sixty-three, were to cause to be furnished not only medicines, medical and other attendance and lodging, but subsistence also. Approved February 13, 1864 Page 175 CONFEDERATE AUTHORITIES. 175 2. AN ACT to increase the commutation value of hospital rations. The Congress of the Confederate States of America do enact, That the coinmu- tation value of rations of the sick and wounded, and of all employ6s in hospitals, be fixed at such rates, not to exceed two and a half dollars, as the Secretary of War shall designate. Approved February 15, 1864. 3. AN ACT to amend An act regulating the granting of furloughs awl discharges in hospitals, approved May 1, 1863. The Congress of the Confederate States of America do enact, That an act regu- lating the granting of furloughs and discharges in hospitals, approved on May first, eighteen hundred and sixty-three, be, and the same is hereby, so amended as to provide that the period of disability therein named which entitles soldiers, sick and wounded in hospitals, to furloughs, shall be extended to sixty days, or upwards, in which case the Board of Examiners may grant furloughs for sixty days. Approved February 17, 1864. II. Paragraph I, General Orders, No. 69, last series, is so amended that soldiers, sick or wounded in hospitals, will not be granted fur- loughs unless they are likely to remain unfit for military duty for sixty days, in which case they may be furloughed for that period. III. Hospital funds accrue in all hospitalsregimental, field, or other hospitals. IV. Paragraph VIII, General Orders, No. 8, current series, is hereby revoked. Rations in kind (such as are issued to soldiers in the field) will be issued to all attendants in field hospitals, and, when required by the surgeon in charge, to the female attendants in gen- eral hospitals. The rations of all male attendants in general hos- pitals in cities and towns will be commuted, the amount to be drawn by the surgeon in charge and expended by him for their subsistence. V. The commuted value of rations of the sick and wounded, and of all employ~s in regimental, field, or other hospitals, will be, until further orders, ~2. 50. VI. General Orders, No. 71, last series, is amended as follows: For officers, sick or wounded in hospital, rations will be drawn, or, when required by the surgeon in charge, their value commute(l at the price fixed in the preceding paragraph. VII. The last two preceding paragraphs will not have effect in the Trans-Mississippi Department. VIII. The following order is published in connection with para- graphs VIII and IX, General Orders, No. 22, 1864: Officers in the Trans-Mississippi Department belonging to coin- mauds east of the Mississippi River will immediately re~urn to their respective commands. In cases where such officers have no command, or are unassigned to any by proper authority, action under the Act of Congress to provide for retiring officers of the Army, approved February 17, 1864, will be taken by the general commanding that department, who will also adopt proper measures to carry into effect these orders. IX. Supplies of provisions, in transitu to arsenals, armories, and ordnance depots, for the use of operatives, under the order of com- manding officers of the same, will not be interfered with by officers of other departments. By order: S. COOPER, A~jufant and Inspector General Page 176 176 CORRESPONDENCE, ETC. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT Raleigh, February 29, 1864. lion. JAMES A. SEDDON, Secretary of War: DEAR SIR: I desire to call your attention most earnestly to the d~f- ficulties and complications arising from the conscription of principals of substitutes in this State. Chief Justice Pearson has decided recently that the law is uncon- stitutional, and further that the act of Congress suspending the priv- ilege of the writ of habeas corpus does not apply to these men. He therefore continues to grant the writ, and the execution being resisted by the enrolling officers by orders from the Conscript Bureau, the result will be a direct and unavoidable collision of State and Confed- erate authorities. I have taken the ground that the decision of a single judge at chambers does not possess the binding force and effect of an adjudicated case, but it only operates to discharge the indi- vidual. It certainly does this much, and until it is overruled it is final and absolute, made so expressly by the statutes of this State. It cannot be overruled except by the supreme court, which does not meet until June next. In the meantime, if the man is discharged I am bound to protect him, and if the process of the court is resisted I am forced by my oath of office to summon the military power of the State to enforce it. There is no escape from this conclusion. An agreement was proposed by Chief Justice Pearson at Salisbury and accepted by Governor Bragg as counsel for the Government, sub- ject to the approval or disapproval of the same, to remove one case to the supreme court by certiorari, and to bind over all others applying for writs to appear and abide the decision thus to be rendered. This gave general satisfaction and had a quieting effect upon the whole State. Since it has been understood, however, that the Confederacy would not recognize the arrangement the excitement is becoming very great, and I fear much trouble will result. Knowing, as I trust you do, my great anxiety to avoid collision with the Confederate authorities and everything else that might tend to hinder its efficiency, yet it cannot be supposed that I am to omit a plain and obvious duty prescribed by my official oath. I therefore earnestly request that you will order a suspension of the enrollment of the principals of substitutes in North Carolina at least until time sufficient be allowed to exhaust all efforts at an amicable arrange- mnent. I do not know a better one than that made at Salisbury, and which, though it would deprive the Govermnent *of the services of these men until June, would yet give still greater advantages by pre- serving that peace and harmony between the respective governments without which all our labors will be in vain. You will observe that I make no comment whatever upon the cor- rectness of the chief justices opinions. As an executive officer I con- sider that I have no right to do so; neither, with all due respect, do I consider you to have any such discretion; and however unfortunate it may be to the efficient and equal working of the Government that the laws of Congress are at the mercy, so to speak, of the various judges of the various States, I submit that it is not possible to avoid it, in the absence of the Supreme Court of the Confederacy to give harmony and uniformity of construction. We can only obey the judges w Page 177 CONFEDERATE AUTHORITIES. 177 now have, and even this is infinitely preferable to the assumption of judicial power by exedutiv) officers, and making their will the law. Hoping an early response, I am, sir, very respectfully, yours, Z. B. VANCE. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Hon. ~. ~. MEMMINGER, Raleigh, N. U., February 29, 1864. Secretary of the Treasury, Richmond, Va.: DEAR SIR: Upon a recent visit to the county of Wilkes, in this State, I was informed that a number of inoffensive citizens in that and the adjacent counties had been robbed of their property and effects by the Fiftieth Regiment North Carolina Troops, employed there for the purpose of arresting deserters. It has occurred to me that some com- pensation should be made to these people for the losses they have sustained, in many cases a large part of their property having been taken away. And the mode I propose is to appoint a commission or commissioners in the region where the depredations have been com- mitted and ascertain the loss of each individual and credit the amount on his current taxes. Should this proposition meet your views and the measure be carried into effect promptly, I feel satisfied it will go far to compose the dissatisfaction of my people who have suffered so severely in that section, and bring to the support of the Government a large class of persons who think and feel they are out of the pale of its protection. Your early consideration of this measure will enable me to effect much in the restoration of confidence amongst the people where its benefits are to be received. I am, very respectfully, your obedient servant, Z. B. VANCE. P. S.I would suggest that the tax collectors could do this. Justice and good policy both require it. Z. B. V. [Indorsement.] MARCH 3, 1864. Respectfully referred for consideration and reply to the Secretary of War. C. G. MEMMINGER, Secretary pf the ~Treasury. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., February 29, 1864. Z. McDaniel is hereby authorized to enlist a company of memi, not to exceed fifty in number, for secret service against the enemy, under the regulations prescribed by this Department for such organizations. When he shall have enlisted and mustered his company into the serv- ice for the war he will receive a commission as captain in the Pro- visional Army of the Confederate States, without pay. Transportation will be furnished to him for his recruits to the place of rendezvous and to such points as he may select for his operations. J. A. SEDDON, Secretary of War. 12 R RSERIES iv, VOL II Page 178 178 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 26. Richmond, March 1, 1864. The following act of Congress and regulations are published for the information and guidance of all concerned: AN ACT to organize forces to serve during the war. The Congress of the Confederate States of America do enact, That from and after the passage of this act, all white men, residents of the Confederate States, between the ages of seventeen and fifty, shall be in the military service of the Confederate States for the war. SEC. 2. That all the persons aforesaid, between the ages of eighteen and forty- five, now in service, shall be retained, during the present war with the United States, in the same regiments, battalions and companies to which they belong at the passage of this act, with the same organization and officers, unless regularly transferred or discharged, in accordance with the laws and regulations for the government of the Army: Provided, That companies from one State, organized against their consent, expressed at the time, with regiments or battalions from another State, shall have the privilege of being transferred to organizations of troops in the same arm of the service from the States in which said companies were raised, and the soldiers from one State in companies from another State shall be allowed, if they desire it, a transfer to organizations from their own State in the same arm of the service. SEC. 3. That, at the expiration of six months from the first day of April next a bounty of one hundred dollars, in a six per cent. Government bond, which the Secretary of the Treasury is hereby authorized to issue, shall be paid to every non-commissioned officer, musician and private who shall then be in the service, or, in the event of his death previous to the period of such payment, then to the person or persons who would be entitled by law to receive the arrearages of his pay; but no one shall be entitled to the bounty herein provided who shall, at any time during the period of six months next after the said first day of April, be absent from his command without leave. SEC. 4. That no person shall be relieved from the operation of this act by reason of having been heretofore discharged from the Army, where no disability now exists, nor shall those who have furnished substitutes be any longer exempted by reason thereof: Provided, That no person heretofore exempted on account of religious opinions, and who has paid the tax levied to relieve him from service, shall be required to render military service under this act. SEC. 5. That all white male residents of the Confederate States between the ages of seventeen and eighteen and forty-five and fifty years shall enroll them- selves, at such times and places, and under such regulations as the President may prescribe, the time allowed not being less than thirty days for those east, and sixty days for those west of the Mississippi River; and any person who shall fail so to enroll himself, without a reasonable excuse therefor, to be judged of by the President, shall be placed in service in the field for the war, in the same manner as thongh he were between the ages of eighteen and forty-five: Provided, That the persons mentioned in this section shall constitute a reserve for State defense and detail duty, and shall not be required to perform service out of the State in which they reside. SEC. 6. That all persons required by the fifth section of this act to enroll them- selvesmay, within thirty days after the passagehereof, east of the Mississippi River, audwithin sixty days if west of said river, form themselves into voluntary organiza- tions of companies, battalions or regiments, and elect their own officerssaid organizations to conform to the existing law; and having so organized, to tender their services as volunteers during the war, to the President; and if such organ- ization shall furnish proper muster-rolls, as now required, and deposit a copy thereof with the enrolling officer of their district (which shall be equivalent to enrollment), they may be accepted as minute men for service in such State; but in no event to be taken out of it. Those who do not so volunteer and organize shall enroll themselves as before provided, and may, by the President, be required to assemble at places of rendezvous, and be formed into companies, bat- talions and regiments, under regulations to be prescribed by him, and shall have the right to elect their company and regimental officers; and all troops organized under this act for State defense shall be entitled, while in actual seiv- ice, to the same pay and allowances as troops now in the field. SEC. 7. That any person who shall fail to attend at the place of rendezvous~ as required by the authority of the President, without a sufficient excuse, to be judged of by him, shall be liable to be placed in service in the field for the war, as if he were between the ages of eighteen and forty-five years Page 179 CONFEDERATE AUTHORITIES. 179 SEC. S. That hereafter the duties of provost and hospital guards and clerks, of clerks, guards, agents, employ~s, or laborers in the Commissary and Quarter- masters Departments, in the Ordnance Department, and clerks and employ6s of navy agents, as also in the execution of the enrollment acts, and all similar duties, shall be performed by persons who are within the ages of eighteen and forty-five years, and who, by the report of a board of army surgeons, shall be reported as unable to perform active service in the field, but capable of per- forming some of the above-named duties, specifying which; and when those per- sons shall have been assigned to those duties as far as practicable, the President shall detail or assign to their performance such bodies of troops or individuals, required to be enrolled under the fifth section of this act, as may be needed for the discharge of such duties: Provided, That persons between the ages of seven- teen and eighteen shall not be assigned to these duties: Provided furthcr, That nothing contained in this act shall be so construed as to prevent the President from detailing artisans, mechanics, or persons of scientific skill to perform indis- pensable duties in the departments or bureaus herein mentioned. SEC. 9. That any quartermaster or assistant quartermaster, commissary or assistant commissary, (other than those serving with regiments and brigades in the field), or officer in the Ordnance Bureau, or navy agent, or provost-marshal, or officer in the conscript service, who shall hereafter employ or retain in his employment any person in any of their said departments or bureaus, or in any of the duties mentioned in the eighth section of this act, in violation of the provis- ions hereof, shall, on conviction thereof, by a court-martial or military court, be cashiered; and it shall be the duty of any department or district commander, upon proof by the oath of any credible person, that any such officer has violated this provision, immediately to relieve such officer from duty; and said commander shall take prompt measures to have him tried for such offense, and any commander as aforesaid failing to perform the duties enjoined by this section, shall, upon being duly convicted thereof, be dismissed from the service. SEc. 10. That all laws granting exemptions from military service be, and the same are hereby repealed, and hereafter none shall be exempted except the fol- lowing: I. All who shall be held unfit for military service, under rules to be prescribed by the Secretary of War. II. The Vice-President of the Confederate States; thepuembers and officers of Congress and of the several State Legislatures, and such other Confederate and State officers as the President 6r the Governors of the respective States may cer- tify to be necessary for the proper administration of the Confederate or State governments, as the case may be. III. Every minister of religion authorized to preach according to the rules of his church, and who, at the passage of this act, shall be regularly employed in the discharge of his ministerial duties; superintendents and physicians of asylums for the deaf, dumb and blind and of the insane; one editor for each newspaper being published at the time of the passage of this act, and such employ~s as said editor may certify on oath to be indispensable to the publication of such news- paper; the public printer of the Confederate and State governments, and such journeymen printers as the said public printer shall certify on oath to be indis- pensable to perform the public printing; one skilled apothecary in each apothe- cary store, who was doing business as such apothecary on the tenth day of Octo- ber, eighteen hundred and sixty-two, and has continued said bus~mess, without intermission, since that period; all physicians over the ag~ of thirty years who now are, and for the last seven years have been, in the actual and regular prac- tice of their profession, but the term physician shall not include dentists; all presidents and teachers of colleges, theological seminaries, academies, and schools, who have been regularly engaged as such for two years next before the passage of this act: Provided, That the benefit of this exemption shall extend to those teachers only whose schools are composed of twenty students or more; all super- intendents of public hospitals established by law before the passage of this act, and such physicians and nurses therein as such superintendent shall certify on oath to be indispensable to the proper and efficient management thereof. IV. There shall be exempt one person as overseer or agriculturist on each farm or plantation upon which there are now, and were, upon the first day of January last, fifteen able-bodied field hands, between the ages of sixteen and fifty, upon the following conditions: 1. This exemption shall only be granted in cases in which there is no white male adult on the farm or plantation not liable to military serv- ice, nor unless the person claiming the exemption was, on the first day of Janu- ary, eighteen hundred and sixty-four, either the owner and manager, or overseer of said plantation but in no case shall more than one person be exempted for one farm or plantation. 2. Such person shall first execute a bond, payable to th Page 180 180 CORRESPONDENCE, ETC. Confederate States of America, in such form, and with such security, and in such penalty, as the Secretary of War may prescribe, conditioned that he will deliver to the Government, at some railroad depot, or such other place or places as may be designated by the Secretary of War, within twelve months then next ensuing, one hundred pounds of bacon, or, at the election of the Government, its equivalent in pork, and one hundred pounds of net beef, (said beef to be delivered on foot), for each able-bodied slave on the farm or plantation within the above said ages, whether said slaves be worked in the field or not, which said bacon or pork and beef shall be paid for by the Government at the prices fixed by the commissioners of the State under the impressment act: Provided, That when the person thus exempted shall produce satisfactory evidence that it has been impossible for him, by the exercise of proper diligence, to furnish the amount of meat thus contracted for, and leave an adequate supply for the subsistence of those living on the said farm or plantation, the Secretary of War shall direct a commutation of the same, to the extent of two-thirds thereof, in grain or other provisions, to be delivered by such person as aforesaid at equivalent rates. 3. Such person shall further bind himself to sell the marketable surplus of provisions and grain now on hand, and which he may raise from. year to year while his exemption continues, to the Government or to the families of soldiers, at prices fixed by the commissioners of the State under the impressment act: Provided. That any person, exempted as aforesaid, shall be entitled to a credit of twenty-five per cent. on any amount of meat which he may deliver within three months from the passage of this act: Provided further, That persons coming within the provisions of this exemption shall not be deprived thereof by reason of having been enrolled since the first day of February, eighteen hundred and sixty-four. In addition to the foregoing exemptions, the Secretary of War, under the direc- tion of the President, may exempt or detail such other person as he may be sat- isfied ought to be exempted on account of public necessity, and to insure the production of grain and provisions for the Army and the families of soldiers. He may, also, grant exemptions or details, on such terms as he may prescribe, to such overseers, farmers or planters, as he may be satisfied will be more useful to the country in the pursuits of agriculture than in the military service: Provided, That such exemptions shall cease whenever the farmer, planter or overseer, shall fail diligently to employ, in good faith, his own skill, capital and labor, exclu- sively, in the production of grain and provisions, to be sold to the Government and the families of soldiers at prices not exceeding those fixed at the time for like articles by the commissioners of the State under the impressment act. V. The president, treasurer, auditor and superintendent, of any railroad com- pany engaged in transportation for the Government, and such officers and employ6s thereof as the president or superintendent shall certify, on oath, to be indispensable to the efficient operation of such railroad: Provided, That the num- ber of persons exempted by this act on any railroad shall not exceed one for each mile of such road in actual use for military transportation, and said exempts shall be reported by name and description, with the names of any who may have left the employment of said company, or who may cease to be indispensable to the efficient operation of its road, at least once a month, to the Secretary of War, or such officer as he may designate for that purpose: And provided further, That such president or superintendent shall, in each such monthly report, certify on oath that no person liable to military service has been employed by his company since the passage of this act, in any position in which it was jracticable to employ one not liable to military service and capable of performing efficiently the duties of such position. And in cases where railroads have fallen into the hands of the enemy, and a portion of the rolling-stock of such roads is being used on other roads not in the enemys hands, the president and superintendent of said first- named roads shall be exempt. VI. That nothing herein contained shall be construed as repealing the act approved April fourteenth, eighteen hundred and sixty-three, entitled An act to exempt contractors for carrying the mails of the Confederate States, and the drivers of post-coaches and hacks from military service: Provided, That the exemptions granted under this act shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations. SEc. it. That the President be, and he is hereby authorized, to grant details, under general rules and regulations to be issued by the War Department, either from persons between forty-five and fifty years of age, or from the army in the field, in all cases when, in his judgment, justice, equity and necessity require such details, and he may revoke such orders of details whenever he thinks proper: Pro- vided, That the power herein granted to the President to make details and exemp- tions shall not be construed to authorize the exemption or detail of any contracto Page 181 CONFEDERATE AUTHORITIES. 181 for furnishing supplies of any kind to the Government, by reason of said con- tract, unless the head or Secretary of the Department making such contract shall certify that the personal services of said contractor are indispensable to the exe- cution of the contract: Provided further, That when any such contractor shall fail diligently and faithfully to proceed with the execution of such contract, his exemption or detail shall cease. SEC. 12. That in appointing local boards of surgeons for the examination of persons liable to military service, no member composing the same shall be appointed from the county or enrolling district in which they are required to make such examination. Approved February 17, 1864. I. The superintendence of the measures necessary for the enroll- inent, examination, enlistment, assignment, detail, and exemption of all persons not belonging to the Army, in the States east of the Mis- sissippi River, who are placed in the military service by the above act of Congress, is devolved on the Bureau of Conscription; and all officers and persons assigned or to be employed in the conscription service, or upon other duty imposed upon the Bureau, will be subject to its orders, and their various acts and decisions may be revised therein, under the orders and instructions of the War Department. II. The Bureau of Conscription, under the orders of the Depart- ment, will proceed to organize in every State efficient agencies for the performance of the necessary duties imposed by this order. These agencies will consist of a commandant of conscripts in each State, a suitable number of camps of instruction, under the charge of coin- manders, and enrolling officers, and drill-masters, to be appointed or assigned under acts of Congress or the orders of the War Depart- ment. The Bureau of Conscription will, by instructions to these officers, designate the duties that they shall perform, the reports that they shall make, and will determine the effect of their certificates and other official evidence they may be required to give. In the per- formance of the duties of making exemptions and details, the Bureau of Conscription may from time to time organize within the States temporary boards to obtain imiformation and advice relative to the necessity or propriety of exemptions or details to be granted under the provisions of the above act of Congress. III. All applications for ekemption or detail under this act, except as hereafter excepted, and except such details as are required for the service of any of the military bureaus, or for service in any of the departments of the Government, will be made in writing to the enrolling officer of the appropriate county or district, and be sup- ported by the affidavit of the applicant and other testimony under oath. The enrolling officer will indorse his opinion on each and every application, and transmit it to the commandant 6f conscription for his approval, with a certificate for approval. If the enrolling officer approve the application, he may grant a certificate of exemption for a period not exceeding sixty days, which shall remain in force for that period unless countermanded by the commandant of conscripts. Every applicant for exemption or detail, whose claim shall be refused by the enrolling officer and commandant of conscripts, will be allowed an appeal to the Bureau of Conscription and the War Department. But until the application has been made to the enrolling officer and the commandant of conscripts, applications will not be entertained by the War Department. IV. Applications for exemptions to insure the production of pro- visions for the Army and families of soldiers, and for the exemption of overseers, farmers, or planters, or beiause their services will b Page 182 182 CORRESPONDENCE, ETC. more useful to the public as agriculturists than in the military. service, or of persons between the ages of forty-five and fifty, because justice, equity, or necessity require the detail, or because their employ- ment is necessary to the public, will be made to the enrolling officer in writing, with an affidavit of the person making it, and accompa- nied with proof of one or more credible witnesses. The application should show with precision the conditions of the alleged private or public necessity, advantage, convenience, jistice, or equity. Among the facts to be stated are the ability of the party to produce the pro- vision or supply the want or requirement, the condition of the family, whether any of the members belong to the Army, and whether some person not liable to military service cannot be procured to perform the service. If the decision of the local enrolling officer be favorable, he will transmit the same to the commandant of conscripts for approval, who may, if he approve, grant an exemption or detail for sixty days, and indorse his action thereon, which will be transmitted to the Bureau of Conscription. The Bureau will prepare special instructions to guide the action of those officers in reference to this class of cases. V. Applications for certificates of exemption under the third article, tenth section, of the act aforesaid, and sixth article of the same sec- tion, will be made in all cases to the local enrolling officer, and his certificate must be approved by the Congressional district enrolling officer. Applications for exemption under the fifth article of the tenth section, relative to the exemption of officers and agents employed on railroads may be made directly to the commandant of conscripts for the State, who will grant the certificate of exemption authorized by law upon a compliance with the conditions contained in the act of Congress by the officers therein mentioned. VI. The attention of all officers of the Government, and especially of those belonging to the military departments mentioned therein, is directed to the language and purport of the eighth section of the act of Congress above recited. Congress has manifested in various enactments the policy to withdraw from the civil service all persons capable of performing duty in the field, and this section of the act is an emphatic declaration of that intention, accompanied with a severe penalty to be imposed upon the officer who may frustrate it. The Bureau of Conscription will proceed to enroll for duty all persons who may be so employed. But, to prevent the inconvenience and disorder that would follow from the instantaneous execution of the law, details may be granted until the 10th day of April next, for such of those persons as the head of any department or the chief ~f any bureau or the principal officer of the same in any State shall certify to be nec- essary for that time to carry on the business in which they are employed. In the meantime, it is made the duty of the officers con- trolling this class of persons to substitute, as far as practicable, per- sons who are designated in this act as proper to fill such employments for those that are made liable to service by the act. VII. Conscripts unfit for duty in the field, but capable of perform- ing other duties uamed in the eighth section of the act recited, will be received and recommended accordingly by the board of examiners for conscripts, who in their reports will state distinctly for what service or for which department of the Army such conscripts are best fitted; and commandants of conscripts will assign them in accordance with such recommendations, or, failing to do this, will report for assignment through the Bureau of Conscription, to the chief or hea Page 183 CONFEDERATE AUTHORITIES. 183 of the department in which they have been recommended for service, the names of such conscripts. All certificates of exemption for dis- ability will be signed by the Examining Board, and be approved by the enrolling officer of the Congressional district; and when the cer- tificate sets forth that the disability is decided and permanent, it will exempt the party from molestation by enrolling officers, unless other- wise ordered from the Bureau of Conscription. VIII. The examining boards will forward one copy of the monthly report of conscripts examined, through the enrolling officer of the Congressional district, to the commandant of conscripts, who will refer the same with remarks, to the Bureau of Conscription. The boards will also forward one copy direct to the Surgeon-General. IX. Medical officers and employed physicians on examining boards for conscripts will not be assigned to Congressional districts of which they are residents. The employed physicians will receive the pay and allowances of assistant surgeons. X. Medical officers detailed for duty on examining boards for con- scripts will be directed to report for orders to the commandants of con- scripts of States. XI. Besides the officers of the Confederate and State governments particularly named in the act of Congress, the officers of the Govern- ment of the Confederate States whose nominations have been made by the President and confirmed by the Senate, or who have beemi appointed by the judges of the district courts, under the authority confided by any act of Congress, will be exempted from military serv- ice until further orders; also the judges or justices of any supreme, superior, or circuit court of any State; also the judges of probate, clerk of any court of record, ordinary, sheriff, one tax collector in each county, and recorder of deeds and wills, if there be such an officer existing by law, and such other officers of the State provided by law as the Governor shall certify to be necessary to the proper administration of the State government. XII. All persons who have been exempted on account of religious faith under act of Congress approved 11th of October, 1862, and who have paid the tax ot $500 therein provided for, will be exempt from enrollment in the military service. By order: S. COOPER, Adjutant and Inspector General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 27. Richmond, lliliarch ~?, 1864. I. The attention of the Army is called to the second and third sec- tions of the act of Congress entitled An act to organize forces to serve during the war, approved 17th of February, 1864. SEC. 2. That all the persons aforesaid, between the ages of eighteen and forty- five, now in service, shall be retained, during the present war with the United States, in the same regiments, battalions and companies to which they belong at the passage of this act, with the same organization and officers, unless regularly transferred or discharged, in accordance with the laws and regulations for the government of the Army: Provided, That companies from one State, organized against their consent, expressed at the time, with regiments or battalions from another State, shall have the privilege of being transferred to organizations of troops in the same arm of the service from the States in which said companies were raised, and the soldiers from one State in companies from another Stat Page 184 184 CORRESPONDENCE, ETC. shall be allowed, if they desire it, a transfer to organizations from their own State in the same arm of the service. SEC. 3. That, at the expiration of six months from the 1st day of April next a bounty of one hundred dollars in a 6 per centum Government bond, which the Secretary of the Treasury is hereby authorized to issue, shall be paid to every non-commissioned officer, musician and private who shall then be in the service~ or, in the event of his death previous to the period of such payment, then to the person or persons who would be entitled by law to receive the arrearages of his pay; but no one shall be entitled to the bounty herein provided who shall, at any time during the period of six months next after the said first day of April, be absent from his command without leave. II. The generals of departments will ascertain whether there be in their respective departments any company or companies from one State associated with companies belonging to another State, either in battalions or regiments, who were placed in such organizations against their consent, expressed at the time, and will report the same to the Adjutant and Inspector General as soon as practicable, with a recom- mendation that they be transferred, if they now desire it, tc some organization of troops in the same arm of the service fron. the State in which the said companies were raised. III. Measnres will be taken by the commanding generals of departments to place in companies of the same arm of the service in which they are serving, raised in States to which they respectively belong, the privates who are serving in companies raised in other States. This privilege will be freely granted to all privates making the application. A private will be considered as belonging to that State in which he was residing for twelve months prior to his enlist- ment. Measures will also be taken to have proper rolls prepared on the 1st of April, proximno, or as soon after as practicable, and returned to the Office of the Adjutant and Inspector General, so as to secure to all the persons designated in the third section of the above-recited act the benefits conferred by it. By order: S. COOPER, Ai(jtdant and Inspector General. WAR DEPARTMENT, Richmond, Va., 116/larch 2, 1864. Governor Z. B. VANCE, Raleigh, N. C.: YOUR EXCELLENCY: I am duly in receipt of yours of 17th ultimo. I have already written you of the difficulty of transporting to Wil- mington a sufficiency of cotton to meet our urgent an~ pressing wants. Lieutenant-Colonel Sims, chief of the railroad bureau, to whom I had referred your letter, returns it indorsed: All the rolling-stock that can be found is now employed in running cotton to Wilmington, and instructions have been sent out to load all trains with Govern- ment cotton to the exclusion of that owned by private parties. Nothing more can be done without diverting some of the corn trains. You will see, therefore, that every effort is being made to transport the Government cotton to Wilmington. On 26th ultimo Mr. Seixas was enabled to borrow 600 bales of cotton from some parties in Wil- mnington, and I at once telegraphed him to pay over 300 of them to your agent. The balance of the debt will be canceled as rapidly as possible. Your obedient servant, very respectfully, JAMES A. SEDDON, Secretary of War Page 185 CONFEDERATE AUTHORITIES. 185 EXECUTIVE DEPARTMENT, STATE OF SOUTH CAROLINA, Columbia., March 2, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond, Va.: SIR: In reply to yours of 21st of January declining to discharge sob diers appointed to the military academy of the State, I ask leave to call your attention to the resolution of the Legislature, a copy of which I inclose.* Many of these boys entered the service before they were sixteen years old, have fought gallantly, made good soldiers, and deserve to be placed on the roll of honor, which a grateful State has provided for such services. While no one can be more anxious than myself to fill the ranks of the A~iny, yet I cannot be insensible to the claims of the State and the duty which she owes to those gallant youths who have so well maintained her character and honor in the field. I cannot agree with you, without some qualification, that the Army is the best school of instruction. To oue who has been well grounded in all the elementary branches it may be, but to one who can barely read and write, it is certainly better to allow him the opportunities which the State has afforded by this resolution, and thus fit him to command and to become an educated and accomplished officer. I ask also to call your attention to the fact that the number to be appointed is but six a year, and all of these do not come from the Armynot more than halfas some are the sons of deceased soldiers, and are taken from civil life. It is also proper to state that the appointments made by the Board of Visitors are entirely distinct and not included in the application here made. I respectfully sug- gest that the discharges now claimed are too few to make a material diminution of the Army. I therefore think it is due to the Legisla- ture that I press upon you the propriety of discharging from service such appointments as I have made or may hereafter make under this resolution. Respectfully, your obedient servant, M. L. BONHAM. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 2, 1864. His Excellency M. L. BONHAM, Governor of South C~arolina, 1olumbia, S. C.: SIR: Your letter of the 23d ultimo is received. In reply I have the honor to say that conscripts are devoted to the org~inizations existing on the 16th of April, 1862, when the first act passed. In making assignments, however, the principle, which has been considered most equitable, has been to assign in the ratio of deficiencies in each com- pany until the minimum fixed by law is attained in all, an(l the Conscript Bureau has been instructed to observe this rule. I trust its equity and policy will commend it to your approval. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. * Not found Page 186 186 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 28. Richmond, March 4, 1864. I. Paragraph V, General Orders, No. 13, 1864, is thus amended: Officers of the Quartermasters Department will, upon the requisi- tion of company commanders, issue clothing directly to soldiers and take their individual receipts therefor. II. Paragraph II, General Orders, No. 67, 1863, is amended as follows: If any cavalryman shall not keep himself provided with a serVice- able horse, he shall serve on foot, and be transferred to any regiment of infantry from the State from which he volunteered or was con- scribed that the department commander may order. III. The following act of Congress Is published for the information of the Army: AN ACT to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermasters Department. The Congress of the Confederate States of America do enact, That from and after the passage of this act, all commissioned officers of the iirmies, whilst on duty in the field, or in the naval service, whilst afloat, of the Confederate States, shall be entitled to one ration in kind each, in quantity and quality, the same as are now allowed by law to privates, and shall draw and receive the same under such regu- lations as may be prescribed by the Secretary of War. SEC. 2. That all commissioned officers of the armies of the Confederate States shall be allowed to purchase clothing, and cloth for clothing, from any quarter- master, at the price which it cost the Government, all expenses included: Provided, That no quartermaster shall be allowed to sell to any officer any clothing or cloth for clothing which would be proper to issue to privates, until all privates entitled to receive the same shall have been first supplied: Provided, That the officer offer- ing to purchase shall give his certificate, on honor, that the articles are necessary for his own personal comfort and use, and in no case shall more than one suit per annum be allowed to be so purchased by any officer: Provided, That no law or army regulation shall hereafter be construed to allow an officer to purchase or draw from subsistence stores, more than one ration a day, or for less price than the cost thereof, including transportation. SEC. 3. That nc officer under the rank of brigadier-general shall hereafter be entitled to forage, or commutation for forage, for more than one horse, except when on service in the field. Approved February 17, 1864. IV. Rations in kind, the same in quality and quantity as are now allowed by law to privates, will be issued to regimental commissioned officers whilst on duty in the field, upon provision returns approved by the commanding officer of the regiment, and to general and staff officers upon their own certificates. V. One ration a day in kind may be purchased by any officer not in the field, who is upon duty under orders from fhis office or from any department commander, at cost, including transportation. VI. Officers retired in accordance with the act to provide an invalid corps, approved February 17, 1864, are not entitled to draw or pur- chase rations unless assigned to duty by orders under the provisions of that law. VII. The Quartermaster-General will issue instructions to quarter- masters and assistant quartermasters to carry into effect section 3 of the above act and so much of section 2 of the same act as relates to his departument. By order: S. COOPER, Adjutant and Inspector General Page 187 CONFEDERATE AUTHORITIES. 187 CIRC CONFEDERATE STATES OF AMERICA, No.7. WAR DEPARTMENT, BUREAU OF CONSCRIPTION Richmond, Va., March 4, 1864. Commandants of conscripts will fortnwith order all officers engaged in conscription service in their respective States to be examined by snch medical boards as may be designated by the commandant, with the view of ascertaining what officers are fitted for service in the field. The certificates of the Examining Board will recite the exact status of the officers, and also the extent of any alleged disability, and whether said disability has arisen from wounds or disease received or contracted while in the service of the Confederate States. The certificates will be forwarded to this Bureau with remarks by the commandants. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. Official regulations to carry into effect the act to impose regulations upon the foreign commerce of the Gonfederate States to provide for the public defense. 1.AS TO THE SEA. 1. The owners of any vessel intending to sail from a Confederate port with a cargo consisting in whole or in part of cotton, tobacco, military and naval stores, sugar, molasses, or rice, shall, before lad- ing on board of any such articles, file with the collector of the port from which the vessel is to sail a copy of her register with a declara- tion of the names of the owners and officers thereof, the place of their birth and of their residence for the preceding yeal., together with the port or place to which the said vessel proposes to sail. The said dec- laration shall also set forth the quantity and value, in Confederate currency, of the cargo proposed to be taken out, as also the conseiit of the said owners that one-half of the tonnage of the said vessel may be employed by the Confederate Government for its own use, both on the outward and homeward voyage, at the rate of freight hereinafter mentioned. The collector shall submit a statement as to the owners and officers to the military commandant of the port, and if he shall not object to their loyalty or to the sailing of the vessel for reasons of military necessity the collector shall grant a permit for the lading of the said vessel, one-half for account of the owners and ~ne-half for account of the Confederate States. 2. Before the said lading shall be completed the owners of the ves- sel shall execute to the Confederate States a bond in double the value of the vessel, with security deemed adequate by the collector, condi- tioned that she will pursue the voyage designated, and that she will return with reasonalMe dispatch to a Confederate port after her out- ward cargo shall be discharged, with a cargo consisting one-half of articles not prohibited by the laws of Confederate Government and the other half of such articles as the Government shall offer for ship- ment from such port, at the rate of freight hereinafter mentioned. 3. Each shipper of any portion of the cargo proposed to be laden on board the said vessel shall, before the lading thereof, make applica- tion to the collector for a permit to lade the same, which application shall declare the articles to be shipped and the quantity and valu Page 188 188 CORRESPONDENCE, ETC. thereof in Confederate cnrrency, the port of destination, and the name of the consignee. A permit shall be granted by the collector if the application is deemed satisfactory. The lading shall be had nnder the inspection of a revenue officer, who shall be charged with the duty of seeing that the goods ladeii conform to the permit. 4. Before the completion of the lading on board or the granting a clearance each shipper of any portion of the cargo shall execute and deliver to the collector a bond to the Confederate States in double the value of his shipment in Confederate money, with security deemed adequate by the collector, with condition that at least one-half the net proceeds of said shipment shall be invested in goods or articles not prohibited by law, and that the said goods or articles shall be shipped by the same or some other vessel to the Confederate States within sixty days from the unlading of said cargo; or that the said half of the net proceeds shall be paid in coin or sterling exchange to the proper agent of the Confederate States, to be reimbursed to the shipper by the delivery to him of cotton at the port of departure in the Confederate States at the rate of 10 pence sterling per pound for middling uplands. 5. The freight to be paid by the Confederate States on all cotton. and tobacco shipped from a Confederate port shall be 5 pence sterling per pound, payable on delivery at the port of destination in coin or sterling exchange. Return freight shall be at the rate of 25 per ton, payable on its delivery in the Confederate port, in cotton at 10 pence sterling per pound for middling uplands, and at a proportionate price for cotton of other qualities. In calculating the ton of freight by weight, 2,240 pounds shall be allowed; by measure, 40 cubic feet shall be allowed. 6. If the outward-bound vessel shall consent, at the request of the Government, to take two-thirds of her cargo for account of the Con- federate States, the outward freight shall be 6 pence sterling per pound; and whenever the Government is not prepared to fill up any portion of the tonnage reserved for its use at the time at which any vessel may be made ready to sail, the owners may fill up the sam on their own account; but no vessel shall, without consent of the Govern- ment, sail on her outward voyage until one-third of her cargo shall be laden for the use of the Government. 7. The rate of freight for articles other than cotton and tobacco shall be adjusted at the same relative rate and be payable in the same way. S. The Government reserves the right to limit or prohibit the ship- ment of resin, turpentine, or any mannfac.ture tiiereof, whenever deemed dangerous to its own shipment. 9. Upon the completion of the lading of the vessel, and before. receiving her clearance, there shall be delivered to the collector, in addition to the usual manifest, another, setting forth the names, ages, and description of her officers and crew and of every passenger intending to sail in her. The said last-mentioned manifest shall be delivered to the commandant of the port, who shall thereupon cause the entire vessel to be searched, and if satisfied that the parties on board are persons who may safely be permitted to leave the Confed- eracy, and the passengers have the proper passports, he shall certify the same on the manifest and return the same to the collector, where- upon, and not before, a clearance shall be granted to the vessel, and she shall be permitted to sail. 10. The owners of each vessel and of each portion of a cargo sailing from a Confederate port shall be allowed to take up their respectiv Page 189 CONFEDERATE AUTHORITIES. 189 bonds by producing to the collector the certificate of the proper agent of the Confederate Government at the port of delivery, setting forth the particulars showing that the said party has complied with the obligation of the said bond so far as the same was practicable; and the collector, npon being duly satisfied, shall be authorized to sur- render the said bonds. 11. Nothing in these regulations shall be so constrned as to con- flict with the proviso of the law which declares that nothing in this act shall be construed to prohibit the Confederate States, or any of them, from exporting any of the articles herein enumerated on their own account ; nor shall a bond be required of a State in any case. 12. The penalties of all bonds executed in conformity with these regulations shall be recovered in full on proof of breach of the con- ditions of the bond, and without proof of any damage snifered by the Confederate States in consequence of such breach, and all bonds shall be executed in such force as to give effect to this regulation. 13. Vessels sent into the Confederacy for the purpose of exporting cotton received in payment of any Confederate bond or obligation shall be subject to these regulations only as far as relates to such portion of the tonnage, if any, as may remain vacant after the lading of the cotton received in payment as aforesaid. 14. The regulations for overland commerce with neutral countries will be issued separately within a few days. Approved. C. G. MEMMINGER, Secretary of the Treasury. JAMES A. SEDDON, Secretary of War. Approved March 5, 1864. JEFFN DAVIS. GENERAL ORDERS, ~ ADJT. AND INSP. GENERALS OFFICE, No. 29. Richmond, March 5, 1864. I. The following acts of Congress are published for the information of the Army: (1.) AN ACT to prevent the procuring, aiding, and assisting persons to desert from the krmy of the Confederate States, and for other purposes. The Congress of the Confederate States of America do enact, Yhat every per- son not subject to the Rules and Articles of War, who shall procure or entice a soldier or person enrolled for service in the Army of the Confederate States to desert; or who shall aid or assist any deserter from the Army, or any person enrolled for service, to evade their proper commanders, or to prevent their arrest to be returned to the service; or who shall knowingly conceal or harbor any such deserter; or shall purchase from any soldier or person enrolled for service any portion of his arms, equipments, rations or clothing, or any property belonging to the Confederate States or any officer or soldier of the Confederate States, shall, upon conviction before the district court of the Confederate States, having juris- diction of the offense, be fined not exceeding one thousand dollars, and be impris- oned no~ exceeding two years. Approved January 22, 1864. (2.) AN ACT to aid any State in communicating with, and perfecting records concerning its troops. The Congress of the Confederate States of America do enact, That upon thG application of the Governor of any of the Confederate States, the Secretary o Page 190 190 CORRESPONDENCE, ETC. War be, and he is hereby, authorized to grant passports and transportation to an officer of such State, duly commissioned according to the law of said State, to communicate with its troops for such purposes, and at such times and places as shall be approved by the Secretary of War, and such officer shall be allowed to purchase for himself supplies from the commissary stores, on the same terms with officers of similar rank in the service of the Confederate States, and according to the regulations which govern them: Provided, Such supplies shall not exceed those which a colonel of the Confederate States is allowed to purchase: Provided, That these agents shall be charged with the duty of obtaining from the officers in command of companies, final statements of deceased soldiers, to be filed in the Second Auditors Office, to facilitate the settlement of such claims. Approved February 16, 1864. (3*) (4.) AN ACT creating the office of ensign in the Army of the confederate States. The Congress of the Confederate States of America do enact, That there shall be appointed by the President, to each regiment of infantry in the Army of the Confederate States an officer to be known as ensign, with the rank, pay and allowances of a first lieutenant, whose duty it shall be to bear the colors of the regiment, but without -ight to command in the field. Approved February 17, 1864. (5.) AN ACT to authorize the promotion of officers, non-commissioned officers and privates for distin guished skill or valor. The Congress of the Confederate States of America do enact, That the President is hereby authorized upon the recommendation of the general commanding a department or a separate army in the field, to fill any vacancy in the commis- sioned officers of a regiment or battalion, by the promotion to the same, by and with the advice and consent of the Senate, of any officer, non-commissioned officer or private who may have distinguished himself by exhibiting peculiar valor or skill on the battle-field: Provided, That the officer, non-commissioned officer or private so recommended and nominated for promotion, shall belong to the regi- ment or battalion in which the vacancy may have occurred. SEC. 2. All acts and parts of acts in conflict with the above provisions are hereby repealed. Approved February 17, 1864. (6.) AN ACT to amend the act entitled An act to provide and organize engineer troops to serve during the war, approved twentieth March, eighteen hundred and sixty-three. The Congress of the Confederate States of America do enact, That the above- recited act be so amended that there shall be allowed to each regiment of engineer troops two quartermaster-sergeants. Approved February 17, 1864. (7.) AN ACT to amend the acts of April first, eighteen hundred and sixty-two, and Septeniher twenty- third, eighteen hundred and sixty-two. The Congress of the Confederate States of America do enact, That the acts approved twenty-first April, eighteen hundred and sixty-twd, and twenty-third September, eighteen hundred and sixty-two, regulating the increase and rank of the Corps of Engineers of the Provisional Army, be amended to read as follows: That the President be, and he is hereby, authorized to appoint, with the advice and consent of the Senate, an additional number of officers in the Engineer Corps, of the Provisional Army: Provided, That the whole corps shall not exceed one hundred and twenty, and that the number of officers in each grade be limited to three colonels, four lieutenant-colonels, eight majors, forty-five captains, thirty- five first lieutenants, and twenty-five second lieutenants. * Relates to the sustenance of prisoners of war, and is published in Series II, Vol. VI, p. 964 Page 191 CONFEDERATE AUTHORITIES. 191 SEC. 2. There may be appointed six military store-keepers, with the pay and allowances of captain of infantry, who shall give such bond for the faithful per- formance of their duty as may be prescribed by the Secretary of War: Provided, That the said store-keepers shall be appointed from persons who are disqualified for active service by reason of wounds received in the military service, or disease contracted whilst in the Army, or from persons over forty-five years of age. Approved February 17, 1864. (8.) AN ACT to amend an act entitled An act to provide and organize engineer troops to servc during the war, approved March twentieth, one thonsand eight hundred and sixty-three. The Congress of the Confederate States of America do enact, That an act to provide and organize engineer troops to serve during the war, approved twen- tieth March, one thousand eight hundred and sixty-three, be amended to read as follows: That there shall be selected, in such manner as the Secretary of War may direct, from each division of infantry in service, or from every twelve regi- ments when not formed into divisions, one company of engineer troops, to consist of one hundred men, chosen with a view I~o their mechanical skill and physical fitness, and that the men assigned to such company shall be required to serve in the same only during the balance of their term of service respectively. These companies may be formed or recruited from conscripts and volunteers. SEC. 2. That each company shall consist of eight sergeants, seven corporals, forty artificers and forty-five laborers, and that two musicians may be aaded. SEC. 3. That the commissioned officers of each company shall consist of one captain, one first lieutenant and two second lieutenants; and that the original vacancies in these companies shall be filled by the transfer of officers of corre- sponding grade from the Engineer Corps, if practicable, and where not, then from the other corps or from the line or staff of the Army, reference being always had to their qualifications as engineers, or by selection; but no one shall be selected who is not now serving in or with the Army, unless he is a military or civil engineer. SEC. 4. That the companies shall be organized into regiments of ten companies cach, and that the field and staff officers shall consist of one colonel, one lieuten- ant-colonel, one major, one adjutant with the rank of first lieutenant, one quartermaster-sergeant, and one sergeant-major; and that the original vacancies in the regiments shall be filled in the manner provided for filling the same in the comupanies by the third section of this act. SEC. 5. That in each regiment two of the companies shall be assigned to duty as pontoniers, and each be furnished with a bridge train complete. SEC. 6. That the officer in charge of the Engineer Bureau, subject to the approval of the Secretary of War, shall prescribe the number, form, and dimen- sions of the wagons, pontoons, trestles, tools, implements, arms and other neces- saries for all the troops organized by this act. SEC. 7. That vacancies in the established regiments to and including the rank of captain, shall be filled by promotion regimentally, according to seniority, except in case of disability or other incompetency. The field officers shall be appointed by selections from the captains of the regiments or battalions, except in the case of original appointment or vacancy caused by promotion to original vacancy of higher rank. SEC. S. That the monthly pay of the engineer troops shall be as follows: Of a colonel, two hundred and ten dollars; of a lieutenant-colomiel, one hundred and eighty-five dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; of a first lieutenant, one hundred dollars; of a second lieutenant, ninety dollars; and the adjutant shall receive ten dollars per month in addition to his pay as lieutenant. SEC. 9. That the pay of the enlisted men per month shall be as follows: The sergeant-major and quartermaster-seageant, each thirty-four dollars; sergeants, thirty-four dollars; corporals, twenty dollars; artificers, seventeen dollars; laborers and musicians, thirteen dollars. SEC. 10. The mounted engineer troops may be selected from the cavalry, and be organized according to the provisions of this act, for engineer troops, as herein- before specified. SEC. 11. Officers of the Engineer Corps and of the engineer troops of the Provisional Army of equal rank may, with mutual consent, be transferred: Provided, The relative rank of no officer of either corps be prejudiced thereby. Approved February 17, 1864 Page 192 192 CORRESPONDENCE, ETC. (9.) AN ACT to amend the Sixty-fifth Article of War. The Congress of the Confederate States of America do enact, That the Sixty-fifth Article of War be so amended as to read as follows: Article sixty-five. Any general officer commanding an army or commanding a force of cavalry not with and under the immediate command of the commander of an army, or other officer commanding a separate department, may appoint general courts-martial when- ever necessary. But no sentence of a court-martial shall be carried into execution until after the whole proceedings shall have been laid before the officer ordering the same, or the officer commanding the troops for the time being; neither shall any sentence of a general court-martial in time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war, respect a general officer, be carried into execution until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the Confederate States for his confirmation or disapproval and orders in the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be. Approved February 17, 1864. (10.) AN ACT to amend an act entitled An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of s~d courts. The Congress of the Confederate States of America do enact, That the act enti- tled 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, be so amended as to authorize the President to establish one in North Alabama, which shall sit at such times and places as said court may direct, and shall have all the powers and jurisdiction given to said military courts by said act; but the judges thereof shall give ten days notice of the times and places of holding said courts before the same are held: Provided, however, That said court shall cease to exist after one year from the passage of this act, unless longer continued by Congress. Approved February 13, 1864. (11.) AN ACT to authorize the President to establish additional military courts. The Congress of the Confederate States of America do enact, That in addition to the military courts now authorized by law, the President be, and he is hereby, authorized to appoint a military court to attend any division of cavalry in the field, and also one for each State within a military department, whenever, in his judgment, such courts would promote the public interest; which courts shall be organized, and have the same powers and duties, and the members thereof appointed as provided by law. Approved February 16, 1864. (12.) AN ACT to amend an act entitled An act to organize military courts ~ attend the Army of the Confederate States in the field, and to define the powers of said courts, approved October ninth, eighteen hundred and sixty-two. The Congress of the Confederate States of America do enact, That when two or more army corps are united in the same army, charges shall be referred to said courts, and their proceedings be subject to review by the army commander, as in the case of general courts-martial; and that the jurisdiction of each of said courts shall extend to any person connected with the army of which the corps to which the court is attached may be a part, without being limited to members of the particular corps to which said court may be attached. SEC. 2. That when the corps to which any military court may be attached shall, from any cause, cease to exist as such, the Secretary of War shall assign the members and officers of such court to any other unsupplied corps, or other subdivision of any of the armies of the Confederate States, where a military court may be needed; and exchanges and transfers of individual members and officers from any one court to another, may be made by the Secretary of War, on applica- tion of the parties concerned; the consent of the commander or commanders of the army or armies to which the particular courts may belong having been first obtained to such exchange or transfer Page 193 CONFEDERATE AUTHORITIES. 193 SEC. 3. That the fourth section of the act of which this is amendatory be, and the same is hereby, so amended as to extend the jurisdicton of the military courts to all offenders below the grade of lieutenant-general. Approved February 17, 1864. (13.) AN ACT to confer additional powers upon courts-martial and military courts. The Congress of the Confederate States of America do enact, That any mili- tary court or court-martial convened within the Army of the Confederate States shall have power to summon as a witness before it any citizen of the State in which said court may, at the time, hold its session; and any citizen disobeying said summons, upon information given thereof by the judge-advocate of said military court or court-martial to the judge of the district court of the Confeder- ate States for the district in which said citizen may reside, shall be subject to the same penalties as for disobedience of an order of said district court; or, on appli- cation of the judge-advocate, such citizen witness may, by military force, be arrested and brought before said military court or court-martial by order of the. commander of the Army, and may be held in close confinement until he or she shall consent to testify. SEC. 2. That any citizen witness appearing upon being summoned, as provided in this act, shall be paid such reasonable amount for his or her attendance as the commander of the Army shall deem reasonable, which payment shall be made by any paymaster, upon the certificate of said commander, specifying the amount. Approved February 17, 1864. (14.) AN ACT to authorize commanders of corps and departments to detail field officers as members of military courts, under certain circumstances. The Congress of the Confederate States of America do enact, That command- ers of corps and departments be, and they are hereby, authorized to detail field officers as members of military courts, whenever any of the judges of said courts shall be disqualified by consanguinity or affinity, or unable, from sickness or other unavoidable cause, to attend said courts. Approved February 6, 1864. (15.) AN ACT to amend an act entitled An act to punish drunkenness in the Army, approved April twenty-first, eighteen hundred and sixty-two. The Congress of the Confederate States of America do enact, That the juris- diction conferred upon courts of inquiry in the act above recited is hereby repealed, and the said jurisdiction is hereby conferred, for the punishment of the offence therein named, upon the military courts and general courts-martial con- vened in the Army of the Confederate States; and the proceedings therein shall be subject to review as in other cases. SEC. 2. That any citizen of the Confederate States is hereby authorized to make report of any violation of the provisions of the act to which this is an amend- ment, in the same manner as officers of the Army are now required to do. SEC. 3. Upon any trial for drunkenness, it shall be lawful to~prove, without special charge, that the accused is of intemperate habits; and if the court shall find that he is of such habits, he shall be cashiered or otherwise punished, at the discretion of the court. Approved February 17, 1864. (16.) AN ACT to authorize the organization of auxiliary bureaus of the War Department west of the Mississippi River. The Congress of the Confederate States of America do enact, That under the directiou of the President, such bureaus or agencies of the War Department may be organized west of the Mississippi River as the public service may require, which shall be auxiliary to th~ similiar bureaus of said Department established by law, and shall perform such duties as may be directed by instructions from the Secretary of War, or the general commanding in the Trans-Mississippi Depart- ment, acting under the authority of the War Department. 13 R RSERIES IV, VOL II Page 194 194 CORRESPONDENCE, ETC. SEc. 2. Such staff officers and clerks may be assigned to duty, or appointed by the President in these bureaus, as may be necessary for the service; and under authority from the President, the general commanding in the Trans-Mississippi Department may assign such officers to duty, or make appointments therein, sub- ject to the approval of the President: Provided, That no clerk employed under this act shall be allowed a salary exceeding $2,000 per annum, or be liable to military duty. Approved February 17, 1864. (17.) AN ~cr authorizing chaplains, in certain cases, to draw forage for one horse. The Congress of the Confederate States of America do enact, That chaplains in the Army, in actual service in the field, shall be entitled to draw forage for one horse: Provided, The chaplain has a horse in his use. Approved January 22, 1864. (18.) AN ACT relating to the appointment of a general and lientenant-generak. The Congress of the Confederate States of America do enact, That the Presi- dent may appoint one general in the Provisional Army of the Confederate States, when, in his discretion, it shall be deemed necessary and proper, for the com- mand of the Trans-Mississippi Military Department, by and with the advice and consent of the Senate. SEC. 2. That the President may, by and with the advice and consent of the Senate, appoint lieutenant-generals in the Provisional Army of the Confederate States, when, in his discretion, it shall be deemed necessary for the command of any one of the military departments. SEC. 3. That the officers appointed under the provisions of this act, shall con- tinue to hold the rank herein provided, so long as they shall efficiently discharge the duties in command of said several departments, and no longer, but will resume thereafter their former rank in the service. Approved February 17, 1864. (19.) A BILL to repeal an act to organize bands of partisan rangers. approved April twenty-first, eighteen hundred and sixty-two, and for other purposes. The Congress of the Confederate States of America do enact, That the act of Congress aforesaid be, and the same is hereby, repealed: Provided, That organi- zations of partisan rangers acting as regular cavalry at the passage of this act, shall be continued in their present organization: Provided, They shall hereafter be considered as regular cavalry and not as partisan rangers. SEC. 2. That all the bands of partisan rangers organized under the said act, may, as the interests of the service allow, be united with other organizations, or be organized into battalions and regiments, with the view to bringing them under the general conditions of the Provisional Army as to discipline, control and movements, under such regulations as the Secretary of War may prescribe. SEC. 3. The Secretary of War shall be authorized, if he deems proper, for a time, or permanently, to except from the operation of this act such companies as are serving within the lines of the enemy, and under such conditions as he may prescribe. Approved February 17, 1864. By order: S. COOPER, Aci~jutant and Inspector General. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 54. Richmond, March 5, 1864. I. The following act of Congress and the joint resolution construing the same are pnblished for the information of all concerned: AN ACT to increase the compensation of certain civil officers and employds in the Presidents Office and in the Executive and Legislative Departments, at Richmond, for a limited period. The Congress of the Confederate States of America do enact, That the salaries and compensation of all civil officers and employ6s in the Presidents Office, and i Page 195 CONFEDERATE AUTHORITIES. 195 the Executive and Legislative Departments, at Richmond, whose compensation or salaries do not exceed the sum of $2,000 per annum, shall be increased from the passage of this act to the 15th of May, 1864, at the rate of 100 per cent. per annum: Provided, The same shall not be thereby increased beyond the rate of $3,000 per annum; and the salaries of all said officers whose compensation is above $2,000, and does not exceed the sum of $3,000 per annum, shall, for the same period of time, be increased at the rate of 50 per cent. per annum; but it is hereby expressly declared that the increased compensation provided for by this act, shall not be paid to any officer or employ6 in any Executive Department of the Govern- ment, who is liable to perform military duty, or is able to bear arms in the field, unless such officer or employ6 shall first obtain a certificate from the head of the department in which he is engaged, that his services are absolutely necessary to the Government, and that his place cannot be supplied by any one known to the head of the department who is not subject to military duty, which said certificate shall be filed with the Secretary of the Treasury before the money is paid; and it shall be the duty of the said Secretary, at the beginning of each session, to com- municate a list of all such certificates to Congress: Provided, That no clerk who, by virtue of a military commission, receives rations, or commutation of rations, shall be entitled to the benefits of this act. Approved January 30, 1864. JOINT RESOLUTION construing an Act to increase the compensation of civil officers and employds in the Presidents Office and in the Executive and Legislative Departments, at Richmond, for a limited period, approved January 30, 1864. Resolved, That the Act to increase the compensation of certain civil officers and employ~s in the Presidents Office and in the Executive and Legislative Departments, at Richmond, for a limited period, approved January 30, 1864, be, and the same is hereby, construed so as to embrace soldiers detailed for clerical duty in Richmond. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. NITER AND MINING BUREAU, Richmond, Va., March 6, 1864. Capt. WILLIAM GABBETT, Supt. Districts Nos. 8 and 9, Blue Mountain, Ala.: The attention of district superintendents of the niter and mining service is called to General Orders, Nos. 18 and 26, current series. In all districts exposed to the enemy a military organization, with simple drill for an irregular force moving rapidly, will be arranged by each superintendent, to embrace all the workmen who can be con- veniently assembled on short notice. To retain unquestioned control over the men it is essential that each superintendent shoujld command as field officer, always bearing in mind that military orders must be subordinate to work. Beyond this the organization will conform as closely as possible to the local defense act. Arms will be furnished on requisition. When such organization is completed the superintendent will report the fact to the general commanding district or department, and, rep- resenting the urgent requisitions for ordnance stores upon the niter and mining service, will state the wish of the Secretary of War that their force shall only be called off in extreme cases and returned at the earliest moment. All interruptions of work in violation of General Orders, No. 18, will be promptly reported for the action of the Secretary of War, with a concise statement of names, dates, and facts. To the officer so offending, if claiming to act under superior orders, a calm protes Page 196 196 CORRESPONDENCE, ETC. will be made, if possible in writing, fixing a distinct responsibility upon his actions for damage thereby inflicted upon the service. At the same time all reasonable aid will be extended to officers of the enrolling service acting in the proper discharge of their duties. Special attention is directed to the absence of restriction upon the labor of the niter and mining service in the act to organize forces for the war. The officers of this service, thus placed upon honor, are expected to exercise unusual vigilance in sending to the Army every man that can possibly be spared by substituting therefor exempt and negro labor. Clerical work must be performed by those who cannot render field service, special care being taken to employ, where practicable, refugee ladies in needy circumstances. In all these arrangements results niust first be studied. Returns of material must be increased, not diminished. Where this can be done by substituted labor especial credit will be awarded, but until the Secretary of War shall see proper to recall the conscript labor at present employed usefully and effectively, the superintendent can continue existing arrangements rather than risk a deficient supply. The charge indicated in these instructions calls for a peculiar degree of devotion and personal forbearance. While the frequent misap- preciation of labors so important is deeply to be regretted, yet, under the orders of the Secretary of War, it remains for the corps to press on quietly, resolutely, and most earnestly iii the effort to do double duty during the present critical campaign. I. M. ST. JOHN, Lieutenant- Colonel and Chief of Bureau. ATLANTA, March 5, 1864. Hon. JAMES A. SEDDON, Secretary of War: DEAR SIR: In obedience to your instructions I returned home after the adjournment of Congress and proceeded at once to encourage the raising and organization of volunteer companies, battalions, and regiments, to be composed of persons between seventeen and eighteen and forty-five and fifty years of age, under the late military bill for State defense, & c. I wrote Governor Brown, asking his co-operation, and inclose herewith an exact copy of his reply, from which it appears that the question of the propriety of the proposed organization of this class of troops will be submitted to the Legislature, soon to assemble in extra session. In my efforts to get volunteers I find the young men disposed to come promptly forward, but the men over forty-five, with few exceptions, refuse to volunteer, giving as a reason that it will be time enough to do so when called out by order of the Presi- dent. In view of this state of affairs I beg to suggest that it would greatly facilitate volunteering if the President would issue his order allowing a limited time within which to volunteer, and upon failure to do so to be enrolled. I have about twenty comupanies in process of organization, and hope to be able to send you before the expiration of the present month the muster-rolls of two or more regiments. Please send me such instructions as may be necessary, and if deemed advisable submit this letter and inclosure to the President. With sentiments of highest esteem, I have the honor to be, very respectfully, your obedient servant, LUCIUS J. GARTRELL Page 197 CONFEDERATE AUTHORITIES. 197 [First indorseinent.] MARCH 12, 1864. Respectfully submitted to the President for information as to the views of Governor Brown, of Georgia, in relation to the reserve forces. J. A. S., Secretary. [Second indorseinent.] The law is our guide. Has not the call been made and a term allowed for voluntary organizations? J. D. [Third indorsement.] MARCH 19, 1864. To Conscript Bureau with the Presidents inquiry and report for reply. J. A. S., [Fourth indorseinent.] Secretary. BUREAU OF CONSCRIPTION, Richmond, March ~4, 1864. Respectfully returned to the Secretary of War, and attention invited to paragraph XIX of Circular No. 8, from this Bureau. JNO. S. PRESTON, Colonel and Superintendent. [Inclosure.] MILLEDGEVILLE, March 1, 1864. Col. L. J. GARTRELL: DEAR SIR: In reply to your letter I state that I can make no state- ment about the enrollment of men between forty-five and fifty till I know the pleasure of the Legislature soon to assemble. When last in session they passed an act directing me to have enrolled all such for State defense, and I do not know that they will recognize the right of the Confederate Government now to take them all out of the hands of the State. If conscription is legal and constitutional, as our courts hold, for raising armies in the proper sense of that term, it does not follow that Congress is authorized to take into its own hands the internal police regulations of the States and deprive the States of the power to exeente their own laws or to suppress internal insur- rections. I am, very respectfully, & c., JOSEPh E. BROWN. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., March 5, 1864. His Excellency Z. B. VANCE, Governor of North Carolina: SIR: I have the honor to acknowledge your letter of the 29th ultimo relative to an apprehended collision between the Confederate and State authorities in the enforcement of the recent law of Congress abolish- ing conscription. You cannot deprecate more a collision of such a character, nor be more anxious to avoid it, than myself, and yet I am unable to perceive how naturally or rightfully, in the enforcement of the law, such collision can occur Page 198 198 CORRESPONDENCE, ETC. The decision of Judge Pearson on the constitutionality of the law abolishing substitution appears, to my humble judgment, strange and clearly incorrect, and, being contrary to the general course of decision and received opinion, and only in a case at chambers, cannot be con- sidered as settling the law. An appeal has therefore been directed in the particular case, and the enrolling officers directed to proceed in enrolling under the law. Judge Pearsons decision, found even inac- curate, is, of course, until reversed, the law of the particular case, and will be respected as such. No effort will therefore be made to arrest or enroll the man temporarily discharged by him, and how then can any possible obligation be imposed on you to execute the judg- ment or protect that man? You have, I presume, been inaccurately informed, or have incorrectly presumed the action of the enrolling officers would be against that man. In other cases arising under that special law, or others imposing military service, when persons seeking to avoid military service sue out writs of habeas corpus, officers are instructed not to appear with the person, but to make return accord- ing to the precise and clear provision of the late law, that the person is held by authority of the President for attempting to avoid military service. The act, then, by its plain language, not susceptible of doubt or misconstruction, suspends the writ so long as the writ is in force. It cannot be presumed that any judge will be guilty of the judicial usurpation of disregarding such return and attempt to enforce the writ. Should such assumption be practiced, collision would only result from the wanton, unauthorized attempt by violence to take from the Confederate officer the person of the petitioner, or to take the officer himself for punishment. In such event the State authori- ties could clearly not be justified in such acts of aggressive violence, and it is not deemed necessary to advert to what, under his oath of office, would be the plain duty of the President to see to the due enforcement of the laws and the protection of Confederate officers acting in conformity to them. You will the more readily appreciate this obligation, because in another aspect, under a mistaken concep- tion of the proposed action of the Confederate Government, you have seen no altermiative to the discharge of a kindred duty. In view of the facts as they exist, and of the proposed action of the Confederate Government, I trust all apprehension of collision may be dismissed, and yet there will not be the necessity of foregoing, during the ensuing critical campaign (on which the civil liberties of all may depend), the services of a considerable number of efficient soldiers, which the arrangement you suggest would withdraw, to await a judicial adjudication, which, I am happy to think, cannot be doubtful. Very truly, yours, JAMES A. SEDDON, Secretar~q of War. GENERAL ORDERS, ~ ADJT. AND INSP. GENERALS OFFICE, No. 30. Richmond, iVfarch 7, 1864. I. The following act of Congress concerning impressments, and the instructions of the War Department respecting it, are published for the information and direction of all concerned: AN ACT to amend An act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, and to repeal an act amendatory thereof, approved April twenty-seventh, eighteen hundred and sixty-three. The Congress of the Gonfederate States of America do enact, That in all cases where property is impressed for the use of the Army or Navy, or for other publi Page 199 CONFEDERATE AUTHORITIES. 199 use, under said act, the same shall be paid for at the time of said impressment, unless an appeal shall be taken from said valuation, as hereinafter provided, according to the valuation agreed upon between the parties, or ascertained by loyal and disinterested citizens of the city, county, or parish in which the impress- ment may be made, in the manner and according to the regulations provided in the first, second, and third sections of the above-recited act, or in the eighth sec- tion thereof, where it is applicable. SEC. 2. Whenever the officer making the impressment of property, under the act hereby amended, shall believe that the appraisement is fair and just, he shall indorse his approval upon the appraisement, and make payment accordingly; but if he shall believe that it is not fair and just, then he shall refuse to approve, and indorse the reasons of his refusal on the certificate, and shall have the right to appeal from the decision of the appraisers, by reporting the case to the commis- sioners appointed under said act, to which this is an amendment, for their decis- ion, whose judgment shall be final, and in the meantime the property shall be held and appropriated by the officer impressing the same, who shall give a receipt therefor to the owner, who shall also have the right of appeal, as herein provided. SEC. 3. The said commissioners shall have power to summon and examine wit- nesses to enable them to fix the value of property impressed, which shall be a just compensation for the property so impressed, at the time and place of impress- ment, and when the commissioners shall have fixed the value of property in cases of appeal, they shall furnish the owner and impressing officer with a statement of such value, which valuation by the commissioners shall be within three months from the time of impressment. SEC. 4. That said commissioners shall be sworn faithfully to discharge all their duties under this act, and the act to which this is an amendment. SEC. 5. That the tenth section of the act, to which this is an amendment, be stricken out, and the following inserted instead thereof: No slave laboring on a farm or plantation exclusively devoted to the production of grain or provisions, shall be taken for public use without the consent of the owner, except in case of urgent necessity, and upon the order of the general commanding the department in which said farm or plantation is situated. SEc. 6. That the act amendatory of the above-recited act, approved April twenty-seventh, eighteen hundred and sixty-three, and so much of the first sec- tion of said act as requires an affidavit to be made by the owner or his agent, that such property was grown, raised or produced by said owner, or held, or has been purchased by him, not for sale or speculation, but for his own use or con- sumption, be, and the same is hereby, repealed. SEC. 7. That no impressment shall be made under this act, or the act to which this is amendatory, for the use or benefit of contractors with the Government. SEC. 8. Nothing in this act shall be construed to authorize the impressing offi- cer to enter an appeal from any decision of the local appraisers, under the sev- enth section of the act to which this is amendatory. Approved February 16, 1864. II. Jmpressments according to this act, and the act to which this is an amendment, may be made for necessary supplies for the Confeder- ate armies in the field, and for their accumulation in magazines and at posts and depots, and to carry on the various operations of the military bureaus connected with the War Department, whenever the same cannot be obtained by contract. III. They may be made under orders from the generals commanding armies, departments, corps, divisions, and by commanders of detached parties, when a necessity arises therefor. These orders may be exe- cuted by appropriate officers of the staff belonging to the army. The chiefs of the various bureaus will designate the officers and persons who shall be competent to make impressments under the authority conferred upon them. IV. Before any impressment shall be made the impressing officer or his agent will make an offer to the owner, his bailee or agent, in writing, for the purchase of the property, describing the property he wishes to purchase, the price he is willing to pay, and the mode of payment, and stating that upon a refusal to accept the same compen- sation will be made according to the acts of Congress for the regulatio Page 200 200 CORRESPONDENCE, ETC. of impressments. This notice will be considered as binding the prop~ erty until the completion of the negotiation for the sale and transfer of the same to the impressing officer. The property will remain in the custody of the owner and at his risk during the pending of these proceedings, unless a delivery of the same be thereupon made to the impressing officer, with his consent. In case of a change of posses- sion under these circumstances, the Confederate States will be regarded as the owner and the property held for its use and at its risk. V. In all cases in which the offer of an impressing officer is refused he will proceed to adjust the price according to the first section of the act above recited; that is, by the judgment of two loyal and disinter- ested persons of the city, county, or parish in which the impressment may be madeone to be selected by the owner, his bailee or agent, and one by the impressing officer. In the event of their disagreement, these two will select aw umpire of like qualification. The persons thus selected will proceed to assess just compensation for the prop- erty. so impressed, whether the absolute ownership or the temporary use thereof be required. If the impressing officer believes that the appraisement is fair and just, he will indorse his approval and pay for the property, and the right in the object impressed will become the property of the Confederate States. But if he does not approve of the appraisement, he will decline to approve it, and indorse the reasons for his refusal on the certificate, and forthwith report the case to the commissioners appointed under the fifth section of the act to which the act above recited is an amendment; and in the meantime the property will be taken and a receipt, describing the property and the proceedings for the adjustment of the price and the appeal, given to the owner. The impressing officer will immediately report the case to the appraisers, with a statement of the quality and condition of the property, and his opinion upon the subject. VI. No officer or agent will impress the necessary supplies which any person may have for the consumption of himself, his family, employ6s, or slaves, or to carry on his ordinary mechanical, manu- facturing, or agricultural employments. If any question arise as to the fact whether the supplies are neces- sary, or whether tMre be a surplus, it will be determined by apprais- ers mutually selected according to the preceding section, and in this case the decision of the appraisers will be binding on the officer, who will not be allowed an appeal therefrom. VII. These regulations are published as a substitute for the regula- tions contained in general Orders, Nos. 37 and 161 , series of 1863. By order: S. COOPER, Adjutant and Inspector General. RICHMOND, VA., March 7, 1864. Hon. THOMAS BRAGG, Raleigh, N. 0.: DEAR SIR: I have to thank you for your two letters of the 23d and 28th ultimo on the subject of the decision of Judge Pearson in North Carolina. * After very careful consideration I cannot see my way clear to any other course than a firm but temperate execution of the *Not found Page 201 CONFEDERATE AUTHORITIES. 201 acts of Congress for recruiting the Army by enrolling and placing in the service all the men liable to military duty in North Carolina in the same manner and to the same extent as in other States. To yield to any exceptional arrangement by which conscripts in that State shall be kept out of the field until the stress of the impending cam- paign is passed necessarily involves the result of creating wide and well-founded dissatisfaction in all the other States and in the Army. It would also be a dereliction of duty, for I cannot see that there is any great or pressing necessity which would justify me in refraining from the executi6n of the law until the will of Congress on the sub- ject could be expressed. It is only in case of such necessity that my sense of duty would permit me to postpone temporarily the execution of any law. The decision of Judge Pearson releasing the conscript in the case before him will of course be respected until the action of the appellate court, for the case was before him prior to the passage of the law suspending the writ of habeas corpus; and although I do not believe that his decision is right, the public interest will not suffer by awaiting the result of the appeal in the one case before him. But I understand that both the other judges of the supreme court of North Carolina have refused writs of habeas corpus since the passage of the law and since Judge Pearsons decision, on the express ground that the act of Congress covers the case of the principals of substi- tutes, and thus we know that the appellate court will reverse the decision of Judge Pearson. The court of appeals of Virginia has just given an elaborate and unanimous opinion confirming the legis- lation of Congress as constitutional. In other States like decisions have been rendered, and if, under such circumstances, Judge Pear- son should pursue the factious course you anticipate, and should attempt (in defiance of the very words of the law which I am sworn to execute) to put a Confederate officer in prison for contempt for mak- ing the exact return to a writ of habeas corpus which the law orders. to be made, and which the law says should be sufficient to stop any further action of the judge, I shall not shrink from the issue. I am confident that it will be impossible to mislead or deceive the people of North Carolina on so plain a point, and with this conviction you will see that it is not possible for me to sanction any arrangement which practically relieves for several months the whole body of prin- cipals in North Carolina that have furnished substitutes from the operation of a law passed on my own recommendation, and which has already produced such salutary effects in the Army. Very respectfully and truly, yours, JEFF~ERSO~ DAVIS. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., March 8, 1864. His Excellency Z. B. VANCE, Governor of North Carolina: SIR: Your letter of the 29th ultimo, addressed to the Secretary of the Treasury, proposing that a commission be appointed to inquire of the depredations committed by the Fiftieth Regiment of the North Carolina Troops, and to allow the amount of loss sustained by any citizen to be credited on the claim of the Treasury for taxes, has been referred by him to this Department for consideration and reply. The only reply this Department can make is that it has no authorit Page 202 202 CORRESPONDENCE, ETC. to comply with the terms of the proposition. All that this Depart- ment can do is to direct an inquiry to be made for the purpose of ascertaining the persons who have committed the injuries aiid to con- trol their pay and allowances for the purpose of affording compensa- tion if they belong to the service. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. [MARCH 9, 1864.For Lee to Seddon, in reference to organization of minute men in the counties bordering on the Alleghany Mountains in Virginia, & c., see Series I, Vol. XXXIII, p. 1212.] SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 57. Richmond, March 9, 1864. * * * * * * * VI. During the absence of General Gilmer from Richmond Maj. Gen. M. L. Smith is assigned to duty as chief of the Engineer Bureau, and will report immediately in this city. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant-General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 9, 1864. Mr. Thomas E. Courtney is hereby authorized to employ a band of men, not exceeding twenty-five in number, for secret service against the enemy, who will not be liable to conscription while so employed. The band shall operate according to the rules and regulations of this Department for such organizations, and under the restrictions con- tained herein or that may be prescribed hereafter. This authority may be revoked or the organization disbanded at any time at the pleasure of this Department. Such work as may be necessary may be executed at the workshops of this Department, and powder, chemicals, & c., be furnished. The work and materials furnished to be paid for at the cost thereof to the Government. Transportation for his men and materials will be furnished. The services to be rendered shall be without pay or compensation other than as herein provided. For the destruction of property of the enemy or injury done, a per- centage shall be paid in 4 per cent. bonds, in no case to exceed 50 per cent. of the loss to the enemy, and to be awarded by such officer or officers as shall be charged with such duty by this Department. The waters and railroads of the Confederate States used by the enemy are properly the subjects and arenas of operations against the enemys property, whether public or private. Passenger vessels of citizens of the United States on the high seas and private property in the waters and [on] railroads, or within the territory of the United States, is not to be the subject of operations, except as to such articles being the growth and production of the Confederate States as may have been thence removed to the United States. But the public property of the enemy may be destroyed wherever it may be found Page 203 CONFEDERATE AUTHORITIES. 203 While flag-of-truce boats pass between any point ~vithin the hues of the enemy to any point within the Confederate lines no torpedo or other engine of destruction shall be so placed or used as to endanger their safety. JAMES A. SEDDON, Secretary oj War. [MARCH 9, 1864.For Vance to Davis, in relation to affairs in North Carolina, see Series I, Vol. LI, Part II, p. 830.] GENERAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 31. Richmond, Jifarch 10, 1864. I. The following act of Congress, for the suspension of the writ of habeas corpns in certain cases, with the instructions of the War Department, is published for the information of all concerned: AN ACT to suspend the privilege of the writ of habeas corpus in certain cases. Whereas, the Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it; and whereas, the power of suspending the privilege of said writ; as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, the public safety requires the suspension of said writ in the existing case of the invasion of these States by the armies of the United States; and whereas, the President has asked for the suspension of the writ of habeas corpus, and informed Congress of conditions of public danger which render the suspension of the writ a measure proper for the public defence, against invasion and insurrection: Now, therefore, The Congress of the Confederate States of America do enact, That during the present invasion of the Confederate States, the privilege of the writ of habeas corpus be, and the same is hereby, suspended; but such suspension shall apply only to the cases of persons arrested or detained by order of the President, Sec- retary of War, or the general officer commanding the Trans-Mississippi Military Department, by the authority and under the control of the President. It is hereby declared that the purpose of Congress in the passage of this act is to pro- vide more effectually for the public safety, by suspending the writ of habeas corpus in the following cases, and no others: First.Of treason, or treasonable efforts or combinations to subvert the Gov- ernment of the Confederate States. Second.Of conspiracies to overthrow the Government, or conspiracies to resist the lawful authorities of the Confederate States. Third.Of combining to assist the enemy, or of communicating~ntelligence to the enemy, or giving him aid and comfort. Fourth.Of conspiracies, preparations and attempts to incite servile insur- rection. FifthOf desertions or encouraging desertions, of harboring deserters, and of attempts to avoid military service: Provided, That in cases of palpable wrong and oppression by any subordinate officer, upon any party who does not legally owe military service, his superior officer shall grant prompt relief, to the oppressed party, and the subordinate shall be dismisssd from office. Sixth.Of spies and other emissaries of the enemy. Seventh.Of holding correspondence or intercourse with the enemy, without necessity and without the permission of the Confederate States. Eighth.Of unlawful trading with the enemy, and other offenses against the laws of the Confederate States, enacted to promote their success in the war. Ninth.Of conspiracies or attempts to liberate prisoners of war held by the Confederate States. Tenth.Of conspiracies, or attempts or preparations to aid the enemy. Eleventh.Of persons advising or inciting others to abandon the Confederate cause, or to resist the Confederate States, or to adhere to the enemy Page 204 204 CORRESPONDENCE, ETC. Twelfth.Of unlawfully burning, destroying or injuring, or attempting to burn, destroy or injure, any bridge or railroad, or telegraphic line of communica- tion, or other property, with the intent of aiding the enemy. Thirteenth.Of treasonable designs to impair the military power of the Gov- ernment, by destroying or attempting to destroy, the vessels or arms, or muni- tions of war, or arsenals, foundries, workshops or other property of the Con- federate States. SEc. 2. The President shall cause proper officers to investigate the cases of all persons so arrested or detained, in order that they may be discharged, if improp- erly detained, unless they can be speedily tried in the due course of law. SEC. 3. That during the suspension aforesaid, no military or other officer shall be compelled, in answer to any writ of habeas corpus, to appear in person, or to return the body of any person or persons detained by him by the authority of the President, Secretary of War, or the general officer commanding the Trans- Mississippi Department; but upon the certificate, under oath, of the officer, hav- ing charge of any one so detained, that such person is detained by him as a pris- oner, for any of the causes hereinbefore specified, under the authority aforesaid, further proceedings under the writ of habeas corpus shall immediately cease and remain suspended so long as this act shall continue in force. SEC. 4. This act shall continue in force for ninety days after the next meeting of Congress, and no longer. A true copy~ JAMES M. MATTHEWS Law Clerk, Approved February 15, 1864. II. There will be appointed by this Department, for each military department of the Confederacy east of the Mississippi River, one or more competent persons as commissioners to investigate the cases of persons who may be arrested or detained by any military authority for any cause specified within the above-recited act. Information of all such arrests will be given to him by the depart- ment commander as soon as practicable after they are made, and he will proceed to investigate the same. If, upon examination, a reason- able and probable cause for detention does not appear, he will certify the fact to the general or other officer in command, who will immedi- ately discharge the prisoner from arrest; but if a reasonable and probable cause does appear, the commissioner will forthwith trans- mit to this department a copy of the evidence taken in the case, with his opinion thereon, for instructions, and meanwhile the prisoner shall remain in custody. III. In all cases in which a person who has been enlisted in the Army under any of the acts of Congress to provide for the public defense, or to raise troops to serve during the war, or to provide for local defense and special seryice, or who has been enlisted or enrolled for service under the acts of Congress further to provide for the public defense, or has been placed in the military service b~ the act of Con- gress to organize forces to serve during the war, approved 17th of February, 1864, or shall be held in custody for desertion or encour- aging desertions, of harboring deserters, and of attempts to avoid military service, or of holding correspondence or intercourse with the enemy without necessity and without the permission of the Confed- erate States, or of combining to assist the enemy, or of communicating intelligence to the enemy, or of giving him aid and comfort, or for any other cause specified in the act aforesaid; and in all cases in which any person not belonging to the military service shall be held in cus- tody by any military authority for any of the causes mentioned in the act shall apply to any court or officer in the Confederate States for a writ of habeas corpus, it will be the duty of the officer having the command or custody of such person forthwith to report the case, with all the relevant facts, to the War Department for instructions a Page 205 CONFEDERATE AUTHORITIES. 205 to the proper answer to be made to such writ, and in the meantime to retain the custody and control of such person under this order, a copy of which will be communicated to the officer or court issuing the writ, as affording the reason why time should be given to make a more complete return. IV. In all cases when the requisite delay cannot be obtained, it will be the duty of the officer having command and custody of persons embraced in the preceding section, or who may have in custody as prisoners any person charged under any of the sections of the above- recited act of Congress, to make a special return in writing and under oath that the body of such person so detained by him is detained by the authority of the Secretary of W ar, and that he declines, under and by virtue of hk authority and the act of Cougres~s aforesaid, to produce the body of such person, or to make further appearance or return to the said writ. V. The commanding general of the Trans-Mississippi Department will perform the functions devolving upon the War Department, under these orders, in that portion of the Confederacy. By order: S. COOPER, Ac~juiant and Inspector General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 10, 1864. His Excellency M. L. BONHAM, Governor of South Carolina, Columbia, S. C.: SIR: I have received your letter of the 2d instant with regard to the discharge of soldiers appointed cadets in the military academy and inclosing resolutions of the Legislature of your State by the appoint- ment of such cadets. In reply I have the honor to say that the State cadets appointed by Your Excellency in pursuance of the resolutions of the General Assembly will be permitted to attend such military institutions within the State as may be designated by you. I had not previously been aware of the limited scope of the appointing power, or that when applied to youths in service it was intended as a reward for peculiar merit. At the same time, as many other States have military institu- tions, and it will be difficult to make generally known the difference between these special instances and the other cadets whom I have refused to discharge, I would earnestly recommend that appoint- ments be made, as far as possible, from those not in service. Greater dissatisfaction than Your Excellency is aware of is frequently engen- dered in a command by a discharge which seems based on partiality or a special exception. I have also received your letter of the 4th instant* urging the pro- priety of stationing in the upper part of your State a force sufficient for its protection in the event that General Longstreet should evacu- ate East Tennessee. The contingency referred to by Your Excellency has not yet arisen, and I trust there will be no occasion for the employ- ment of troops within the important section mentioned for its defense from raids of the enemy. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. * See Series I, Vol. LIII, p. 314 Page 206 206 CORRESPONDENCE, ETC. Additional regulations to carry into effect the act entitled An act to impose regalatwns upon the foreign commerce of the Confederate States to provide for the public defense, approved February 6, 1864. 11.OVERLAND COMMERCE WITH MEXICO. 1. The owner of any wagon, cart, or vehicle, or of any boat or other vessel, and of any horse, mule, or other animals employed in transporting cotton, tobacco, or naval stores from the Confederacy to Mexico, shall, before receiving any article for transportation, require of the owner thereof the collectors permit for its exportation, as hereinafter set forth, and shall, before loading any article for trans- portation, present to the military commander of the department, or officer assigned by him to that dnty, a declaration setting forth a full description of all the vehicles, vessels, and animals to be nsed by him, and their value in Confederate currency, and the names and value of the slaves, if any, employed as teamsters or otherwise in his business of transportation, and the names, and such other particulars as may be reqnired, of the free persons so employed, and the point of departure, the route to be pursued, aiid the place of destination; and the commander or other officer as aforesaid shall, if satisfied of the loyalty and fidelity of the applicant, and that the application may be safely granted, iiidorse thereon his consent and approval, and grant a license to the applicant as a public carrier of exports to Mexico for the single trip, or for any length of time, not exceeding one year, that may be deemed proper. 2. Any person desiring to export to Mexico overland any cotton, tobacco, or Ilaval stores shall, before placing the same on any wagon, cart, or other vehicle, or pack-mule, or other animal, or on board any boat or vessel, present to the military commander of the department whence the merchandise is to be exported, or to the officer assigned by him as aforesaid, a declaration stating the quantity and value in Confederate currency of the articles he proposes to export, the name of the licensed carrier to be employed by him, the point of departure, the route to be pursued, the name of the consignee, and the place of destination in the neutral country; and if the officer to whom the application is made shall be satisfied of the loyalty and fidelity of the applicant, and that the permission may be safely granted, he shall indorse on the application his approval. 3. The applicant shall, before loading the merchandise which he intends to export, file with the collector of the district whence the exportation is to be made his application indorsed as aforesaid, and shall execute and deliver to him a bond to the CQnfederate States, with security deemed adequate by the collector, in an amount double the value in Confederate money of the merchandise embraced in his application, with condition that at least one-half the net proceeds of said merchandise at the place of destination shall be invested in goods and merchandise not prohibited by law, and that said goods and merchandise shall be brought into the Confederate States within sixty days after the delivery of the exported articles at their place of destination in Mexico; and the collector shall thereupon deliver to the applicant a permit to load the articles embraced in said application. 4. No licensed carrier shall depart on the trip for which permits have been granted until he shall have delivered to the collector of the customs a manifest, verified by his oath, setting forth the names of all owners of the cotton or other articles which he is about to carry, and the quantity received from each owner, and shall have obtained from the collector a clearance authorizing his departure Page 207 CONFEDERATE AUTHORITIES. 207 ~5. The military commander of any department from which exports are conveyed to Mexico shall establish by general orders, to be pub- lished by him, as many convenient points as may be necessary for the assemblage and departure of all vehicles or means of transporta- tion used in the business, and detail officers for the examination, search, and seizure of all vehicles, teams, and slaves employed as drivers whenever engaged in the infraction or evasion of these regn- lations, or the law which they are intended to enforce. ~. All vehicles, animals, slaves, or other means of transportation, and all cotton or other articles that may be seized, whether by the officers of the revenue or by military authorities, for any violation of law or of these regulations, shall be, without any waste, spoliation, impressment, or injury of any kind, forthwith conveyed and delivered to the nearest marshal or deputy marshal of the Confederate States, and a detailed receipt taken from him setting forth a full description of the property seized and delivered to him for safe custody. And it shall be the duty of said marshal or deputy marshal to keep the prop- erty so surrendered in safe custody until the further order of the judge or a commissioner of a district court of the Confederate States having jurisdiction of the subject-matter; and the said marshal or deputy marshal shall forthwith, upon the receipt by him of the prop- erty seized, give information to the collector of the district or to the district attorney, or both, if practicable, of all the facts in relation to the seizure of the property and its delivery to him for safe-keeping. 7. No military authority shall presume, under any circumstances, to seize property while being carried under the provisions of the law and of these regulations for any other cause than a violation of said provisions, nor in case of seizure to dispose of the property seized in any other manner than that prescribed in the foregoing regulations. But in cases where there is great risk of the property falling into the hands of the enemy it shall be competent for the proper military anihorities to require the licensed carrier to suspend his trip till the danger be passed, or to pursue a different route from that originally designated, or even in cases of imminent danger to abandon the trip. 8. rrhe bonds to be taken under these regulations shall be subject to the provisions of the twelfth regulation relative to exportation by sea, and said bonds may be taken up on the production to the col- lector of satisfactory evidence that the party has complied with the conditions of the bond as far as practicable. Approved. C. G. MEMMINGER, Secretary of the J1reasury. JAMES A. SEDDON, Secretary of War. Approved March 11, 1864. JEFFN DAVIS. [MARCH lii, 1864.For Seddon to Lee, in reference to the organiza- tion of minute men in Virginia, & c., see Series I, Vol. XXXIII, p. 1217.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 32. Richmond, March 11, 1864. I. The act of Congress relative to the employment of free negroes and slaves in certain capacities and the instructions of the Wa Page 208 208 CORRESPONDENCE, ETC. Department relative to its execution are published for the informa- tion of those concerned: AN ACT to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities. Whereas, the efficiency of the Army is greatly diminished by the withdrawal from the ranks of able-bodied soldiers to act as teamsters, and in various other capacities in which free negroes and slaves might be advantageously employed: Therefore, The Congress of the Confederate States of America do enact, That all male free negroes and other free persons of color, not including those who are free under the treaty of Paris of eighteen hundred and three, or under the treaty with Spain of eighteen hundred and nineteen, resident in the Confederate States, between the ages of eighteen and fifty years, shall be held liable to perform such duties with the Army, or in connection with the military defenses of the country, in the way of work upon fortifications or in Government works for the production or prepa- ration of material of war, or in military hospitals, as ~he Secretary of War or the commanding general of the Trans-Mississippi Department may, from time to time, prescribe, and while engaged in the performance of such duties shall receive rations and clothing and compensation at the rate of eleven dollars a month, under such rules and regulations as the said Secretary may establish: Provided, That the Secretary of War or the commanding general of the Trans-Mississippi Department, with the approval of the President, may exempt from the operations of this act such free negroes as the interests of the, country may require sh9uld be exempted, or such as he may think proper to exempt, on grounds of justice, equity, or necessity. SEC. 2. That the Secretary of War is hereby authorized to employ for duties similar to those indicated in the preceding section of this act, as many male negro slaves, not to exceed twenty thousand, as in his judgment, the wants of the service may require, furnishing them, while so employed, with proper rations and cloth- ing, under rules and regulations to be established by him, and paying to the own- ers of said slaves such wages as may be agreed upon with said owners for their use and service, and in the event of the loss of any slaves while so employed, by the act of the enemy, or by escape to the enemy, or by death inflicted by the enemy, or by disease contracted while in any service required of said slaves, then the owners of the same shall be entitled to receive the full value of such slaves, to be ascertained by agreement or by appraisement, under the law regulating impress- ments, to be paid under such rules and regulations as the Secretary of War may establish. SEc. 3. That when the Secretary of War shall be unable to procure the service of slaves in any military department in sufficient numbers for the necessities of the Department, upon the terms and conditions set forth in the preceding section, then he is hereby authorized to impress the services of as many male slaves, not to exceed twenty thousand, as may be required, from time to time, to discharge the duties indicated in the first section of this act, according to laws regula- ting the impressment of slaves in other cases: Provided, That slaves so impressed shall, while employed, receive the same rations and clothing, in kind and quan- tity, as slaves regularly hired from their owners; and, in the event of their loss, shall be paid for in the same manner and under the same rules established by the said impressment laws: Provided, That if the owner hiwe but one male slave between the age of eighteen and fifty, he shall not be impressed against the will of said owner: Provided further, That free negroes shall be first impressed, and if there should be a deficiency, it shall be supplied by the impressment of slaves according to the foregoing provisions: Provided further, That in making the impressment, not more than one of every five male slaves between the ages of eighteen and forty-five shall be taken from any owner, care being taken to allow in each case a credit for all slaves who may have been already impressed under this act, and who are still in service, or have died or been lost while in service. And all impressments under this act shall be taken in equal ratio from all owners in the same locality, city, county or district. THOMAS S. BOCOCK, Speaker House of Representatives. R. M. T. HUNTER, President pro tern. of the Senate. Approved February 17, 1864. JEFFERSON DAVIS Page 209 CONFEDERATE AUTHORITIES. 209 IL The Bureau of Conscription will direct the enrollment of all the persons described in the first section of the act aforesaid east of the Mississippi River who are not unfit for th& service required from them, by reason of physical or mental incapacity or imbecility, and will assign theni to the performance of the duties mentioned in the act, or similar duties in any of the military bureaus, or with troops in the field, as there may be any call for such service. III. Applications for an exemption on the grounds that the inter- ests of the country require it, or because it is demanded by justice, equity, or necessity, will be made to the enrolling officer in writing, and will be disposed of by him according to the general directions contained in the regulations published in Orders, No. 26, 1864, under the act to organize forces to serve during the war. IV. For the execution of the sections in the foregoing act, relative to the employment and impressment of slaves, the provisions of Orders No. 138, of the 24th of October, 1863, will afford the requisite rules for the guidance of the military bureaus and commanding gen- erals, with modifications hereafter mentioned. First. That slaves shall not be impressed when the services of free negroes can be obtained. Second. Slaves under the age of eighteen and above the age of fifty are exempt. Third. The hire for slaves impressed shall be according to the rates fixed by the appraisers under the act to regu- late impressments. Fourth. The limitation as to the term for which slaves shall be impressed for service shall be for twelve months, instead of the term fixed by said orders, if the exigency shall require it. V. All impressments for service in the various military bureaus under this act will be by special order upon application to the War Department, disclosing the efforts that have been made to provide other labor specified in the act, the necessity for the impressment, and the plan proposed to secure it. VI. The general commanding the Trans-Mississippi Department will superintend the execution of the law for that department. By order: S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS,~ ADJT. AND INSP. GENERALS OFFICE, No. 60. Richmond, Va., March 12, 1864. * J * * * * * * XX. The Quartermaster-General is hereby authorized to stop pas- senger trains upon any line of railroad in which either forage or sub- sistence for the Army may be delayed until the same or such portion thereof as may be necessary to the public service shall be removed. All officers in charge of transportation at points where such supplies are delayed will communicate the fact to the Quartermaster- General, who will give the necessary directions to them to stop the trains. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. 14 R RSERIES Iv, VOL II Page 210 210 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 12, 1864. Capt. John C. Kay is hereby authorized to enlist in his company for special service on the Mississippi River~~ a number of men not exceeding fifty. They are to be enlisted from localities within the lines of the enemy exclusively. The company to be subject to the rules and regulations of this Department for such organizations; to be subject to being disbanded at its pleasure, and to operate under the instructions of department and district commanders and under such restrictions as may be prescribed by them in this Depart- ment. The service to be without pay or other compensation than the percentage of loss or injury to the enemys property, to be awarded by an officer or officers charged with that duty by this Department, in no case to exceed 50 per centum. J. A. SEDDON, Secretary of TYar. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT Richmond, Va., March 12, 1864. Hon. THOMAS BRAGG, Raleigh, N. C.: SIR: In the Richmond Enquirer of this date you will find a pub- lication of the orders relative to the writ of habeas corpus. * The Department requests that you will undertake the office of chief com- missioner for the fulfillment of the duties imposed by the writ and the orders for the State of North Carolina. You will be at liberty to detail from the class of men between forty-five and fifty competent assistants, who, while on that duty, will be relieved from other duty. Congress failed to make an appropriation for executing the duties imposed by this act upon the Department, but that omission can be supplied at the next session. You will keep an accurate account of the expenses and return it previously to the 1st of May next. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. RICHMOND, March 12, 1864. Mr. THOMAS SHARP, Richmond, Va.: SIR: You will proceed without delay to Nassau and thence to Nova Scotia for the purpose of purchasing and forwarding to some Confed- erate port via Nassau the machinery and material described in the inclosed memoranduni, t to be used in the manufacture of army shoes. You will apply for funds on reaching Nassau to Maj. R. P. Waller, quartermaster at that point, who is authorized to advance you the sum of 3, 500, enough to triplicate the order in behalf of the shoe establishment at Atlanta, which, with the risks of the blockade, will probably secure the receipt of two complete sets. Be sure to separate the three lots in shipping them and so pack the same that whatever may come to hand may be complete. Use all possible dispatch in the business and communicate from time to time your success to this office. It may be that some of the material and shoemakers tools *See General Orders, No. 31, p. 203. tNot found Page 211 CONFEDERATE AUTHORITIES. 211 can be purchased in Nassau and forwarded without delay from there. Major Cameron, quartermaster at Wilmington, will aid you in secur- ing passage from Wilmington, and your necessary personal expenses, of which you will render an account on your return, can be defrayed from the funds you will receive. A. R. LAWTON, Quartermaster- General. P. S.Should you have the funds to spare you can purchase a small quantity of the chemicals mentioned in your letter of the 13th ultimo, with a view of making some experiments to shorten the process of tanning. Maj. R. P. WALLER, RICHMoND, March 12, 1864. Quartermaster, Nassau, New Providence: SIR: The bearer, Mr. Thomas Sharp, goes abroad for a short time to purchase a lot of machinery, material, and tools for the manufac- ture of shoes. His instructions will inform you more fully of the pre- cise character of his mission and the things to be purchased. He will require 3,500 to meet his expenditures, and I write to authorize you to advance the sum to him; but fearing at the same time that you may not be able to do so promptly, I have to direct, with the sanction of the Secretary of War, that you draw, if necessary, for the amount on Mr. Cohn J. McRae, financial agent of the Confederate States at Paris, and deliver proceeds to Mr. Sharp. In a couple of months the depart- ment will be able to command quite a considerable quantity of leather, and it is all-important that it should secure some facilities in the way of machinery to make the same rapidly into shoes. The receipt of these appliances will also render the department in a great Theasure independent of detailed labor. Your experience will tell you that this will in time prove a far better investment of a portion of the means at the command of this department than even shoes or blankets, so do not let Mr. Sharp be disappointed in the receipt of the funds. A. R. LAWTON, Quartermaster- General. P. S.Forward the inclosed letter to Mr. McRac, with the draft, or in advance thereof. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 14, 1864. W. D. HENNEN, Esq.: (Care General Joseph E. Johnston.) SIR: You will find in the Richmond papers the orders relative to the suspension of the writ of habeas corpus, with the act on that subject. * The Department desires that you will undertake the charge of com- missioner for carrying into effect the act and orders under it in the department of General Longstreet. The orders sufficiently express the duties you have to perform. You are also requested to afford counsel to the commander of conscripts and the enrolling officers in * See General Orders, No. 31, p. ~O3 Page 212 212 CORRESPONDENCE, ETC~ cases that may arise in which the interposition of that writ may be claimed. You are authorized to detail one or more assistants from the class between forty-five and fifty, or to designate some gentlemen above that age to aid you, if the duties become too onerous for your personal attention. Congress failed to make an appropriation to carry into effect this act, but will doubtless do so at its next meeting in May. You will keep an accurate account of the expenses, and send to this Depart- ment previously to the meeting of Congress. A reasonable and proper compensation will be allowed to you for the duties you may be required to perform. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. (Same to Peter Hamilton, MQbile, Ala., appointed commissioner in department of Major-General Maury, and to J. L. M. Curry, Talladega, Ala., March 17, appointed a commissioner in the army of General Johnston. *) [MARCH 14, 1864.For authority to J. C. S. Blackburn and Harris H. Johnston each to enlist a company for special service on the Mis- sissippi, see Series I, Vol. LII, Part II, p. 638.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 33. Richmond, March 16, 1864. I. The Bureau of Conscription will proceed to enroll all persons between the ages of seventeen and eighteen years, and between the ages of forty-five and fifty years, under the fifth section of the act of Congress to organize forces to serve during the war. II. Persons liable to enrollment will present themselves to the enrolling officer, in the States east of the Mississippi River, within thirty days from the day when notice shall be given in the district or county by the enrolling officer for persons of this class to appear for enrollment. The failure to comply with this notice will subject the defaulter to a liability to be called into the general service with the class of persons between eighteen and forty-five, unless he shall have a valid excuse therefor, to be judged of by the Bureau of Conscription. III. Any person liable to enrollment under this act may join any company for local defense which has been formed under General Orders, No. 86, issued 22d of June, 1863, for the war, or any other company for local defense which has been accepted into the service, and which, by the terms of its enlistment; is liable to serve anywhere within the State; or persons of this class may form new companies for local defense and special service, under General Orders, No. 86, 1863, for the war, and select their own officers. By order: S. COOPER, Adjutant and Inspector General. *For Currys reply, see Series I, Vol. LII, Part II, p. 648 Page 213 CONFEDERATE AUTHORITIES. 213 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 15, 1864. His Excellency Z. B. VANCE, Governor of North Carolina, Raleigh, N. C.: SIR: The notice to which reference is made in your letter of the 8th instant * having been given by authority of the Navy Department, your communication was transmitted to the Secretary of the Navy, who, in his response, expresses some surprise that a notice given in conformity to regulations adopted by the President, under the author- ity and in pursuance of an act of Congress, should cause indignation on your part. He presumes the vessel referred to is the Hansa, and adds that the nature of the interest owned by the State of North Carolina in her is not explained by you. Under the late regulations I have no authority over the subject, which rests now mainly with the Secretary of the Treasury, and any remonstrance you deem requisite should appropriately be addressed to him. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. RALEIGH, March 15, 1864. Hon. JAMES A. SEDDON Secretary of War: SIR: I had the honor to receive this morning your letter of the 12th instant requesting me to act as commissioner for North Carolina under the orders relative to the writ of habeas corpus. The appointment is one that I do not desire, but, nevertheless, I will accept it, desirous, as I am, to serve the Government in any capacity that my services may be needed. I suppose that in doing so I shall be allowed to attend to some important business of a professional kind in two or three counties the coming spring terms of the superior courts in rela- tion to which I am under prior engagements. What assistants I may need I know not. It will, of course, depend very much upon circum- stances. One competent clerk or more I shall certainly need. I will keep an account of all expenses, but would suggest that some authority be given to procure stationery from the proper officer here. Upon my return from Richmond I found a letter from Chief Justice Pearson. I send herewith an extract, from which you will see that he is disposed to raise a question as to the constitutionality of so much of the habeas corpus aet~ as suspends the writ in .eases .of attempts to avoid military service~ by suing out the writ. I shall decline to send him any argument on the subject, but shall inclose him the order issued with the act. This letter of Judge P[earson] was written before the decision of his associate, Battle, was made and published, refusing to issue a writ where it appeared upon the face of the peti- tion that the party was attempting to avoid military service. It is said Judge Manly, the other judge of the supreme court, has acted in the same manner, and I hope Judge Pearson will not persist in his course. Very respectfully, THS. BRAGG. *See Series I, Vol. LI, Part II, p. 828 Page 214 214 CORRESPONDENCE, ETC. Extract of Judge Pearsoiis letter, dated Richmond I-Jill (his home), March 5, 1864: Since my return home I have issued a good many writs, but have declined to act in any case without a return from the enrolling officer. In the matter of Rosser, Captain Pearson, enrolling officer, returned by filing a certificate under oath, the party is detained by order of the Secretary of War for attempts to avoid military service. I entered on it, March 4, 1864. The return of the enrolling officer is so general as not to raise the question whether Congress has power to suspend the privilege of the writ of habeas corpus in civil cases, or whether Congress intended to suspend the privilege of habeas corpus in civil remedies. The case awaits such motion as the party may be advised by his counsel. So the matter stands. I anticipate there may be motion for a rule to show cause why the return should not be so amended as to raise the question by adding that the party was arrested as a conscript, and the attempt to avoid military service is by suing out the writ. But I cant say what course will be taken. Probably the enrolling officer may make the addition so as to raise the question. He then invites an investigation of the subject by me and requests me to send him a written argument, or that he will go again to Salis- bury and hear an argument if I prefer it, & c., provided the question is presented in the return. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 34. Richmond, March 16, 1864. I. The following act of Congress and orders are published for the information of the Army: AN ACT to provide an invalid corps. The Congress of the Confederate States of America do enact, That all officers, non-commissioned officers, musicians, privates and seamen, who have or shall become disabled by wounds, or other injuries received, or disease contracted in the service of the Confederate States, and in the line of duty, shall be retired or dis- charged from their respective positions as hereinafter provided. But the rank, pay and emoluments of such officers, and the pay and emoluments of such non- commissioned officers, musicians, privates and seamen, shall continue to the end of the war or as long as they shall continue so retired or discharged. SEC. 2. That all persons claiming the benefits of this act, shall present them- selves for examination, to one of the medical examining boards now established by law. Upon the certificate of such Board that such permanent disability exists, such persons shall be retired or discharged as aforesaid. SEC. 3. That all persons retired or discharged as aforesaid, shall periodically, and at least once in six months, present themselves to one of said boards for fur- ther examination, under regulations to be prescribed by the Secretary of War, the result of which examination shall be reported by such Board to the said Sec- retary. And if any such person shall fail so to report him~elf to such Board, whenever he shall be required so to do, he~ shall be dropped from said retired or discharged list, and become liable to conscription, under the terms of the law, unless such failure shall be caused by physical disability. SEC. 4. That the Secretary of War may assign such officers, and order the detail of such non-commissioned officers, musicians, privates and seamen, for such duty as they shall be qualified to perform. If any such non-commissioned officers, musicians, privates and seamen, shall be relieved from disability, they shall be restored to duty in their respective commands. SEc. 5. That the Secretary of War shall make all needful rules and regulations for the action of the medical boards as aforesaid. SEc. 6. That vacancies caused by the retirement of officers under this act, shall be filled as in case of the death or resignation of such officers. SEc. 7. This act shall be in force from its passage. Approved February 17, 1864. II. Applications will be made by officers and soldiers who wish to be retired or discharged under this act through their commandin Page 215 CONFEDERATE AUTHORITIES. 215 officers for authority to appear before one of the medical examining boards now established by law. Commanding officers will indorse fully the facts conuected with the alleged disability and forward the application to the general commanding, who will return it to the applicant with his approval or the reason why it is withheld. The indorsement will be the authority to the Board, which will be composed of three medical officers, for the examination of the applicant. III. If the application be approved by the commanding general, and the Board find the soldier permanently disabled by wounds or other injuries received or disease contracted in the service, it will retire the soldier and forward to the Adjutant and Inspector General the original application and certificates; or, if the Board find a soldier totally unfit for duty in any department of service, he may, if he pre- fer it, be discharged upon certificates of disability, under the regula- tions and usage of the service, as before the enactment of the law providing an invalid corps. If the application be disapproved, the Board may, nevertheless, proceed with the examination. If they find the applicant permanently disabled from either of the causes stated in the act, they will not retire him, bnt forward the original applica- tion and their certificate to the Surgeon-General for final action at this office. IV. A corresponding course will be pursued when the applicants are officers, except that the Board will not retire, but forward the cer- tificates, through the Surgeon-General, to the Adjutant and Inspector General. V. If the Board examining the officer or soldier find him disabled for service in the field, but fit for duty in some department of service, the duty he can best perform will te indicated in the certificate, which will be forwarded to the Adjutant and Inspector General. VI. Officers recommended under the act to relieve the Army of dis- qualified, disabled, or incompetent officers, approved October 13, 1862, to be retired because of wounds or other injuries received or disease contracted in the service, will receive, upon their written application to the Adjutant and Inspector General, authority to appear before one of the medical examining boards for retiring officers and privates, under the act above recited, approved February 17, 1864. VII. Officers or soldiers retired under the provisions of this act will present themselves once in six months to one of the boards of sur- geons indicated in paragraph II of these orders for further examina- tion, the result of which will be certified as directed in paragraph III of these orders. If prevented by physical disability from so present- ing himself the cause of such failure will be established by the certi- ficate of a surgeon of the Army, or of a citizen physician and the enrolling officer of the district in which the person may at the time be residing. As soon as the physical disability is removed the officer or soldier will appear before the Board for re-examination. VIII. Failure to appear periodically, as provided by the preceding paragraph, will be reported by the Medical Examining Board and proper enrolling officer to the Adjutant and Inspector General. IX Officers retired under the act of Congress above recited are entitled to commutation of quarters and fuel only when assigned to duty (as provided in section 4 of said act) at a station without troops where public quarters cannot be furnished in kind. They will receive pay from any post quartermaster upon exhibiting evidence of their retirement from active service and the certificate of last payment required by paragraph IV, General Orders, No. 28, and paragraph I, General Orders, No. 126, 1863 Page 216 216 CORRESPONDENCE, ETC. X. Soldiers retired from the service as herein provided will be fur- nished with descriptive lists, which, in addition to the usual history given, will exhibit the fact that they have been placed on the retired list and designate the post at which they will be entitled to receive pay and allowances. They will report to the commandant of such postwhich will be nearest their places of residenceand deliver to him their descriptive lists. XI. Post commanders are required to take possession of descriptive lists of all soldiers reporting to them and from the data therein given, at the end of every two months, to prepare muster-rolls upon which these soldiers will receive pay from the post quartermaster or assist- ant quartermaster. They will append to each roll a certificate that it has been made out in accordance with statements presented in descriptive lists of the soldiers on file in his office. XII. Officers of the Quartermasters Department will issue neces- sary clothing to retired soldiers upon requisitions made by the com- mandants of the posts at which they are stationed, taking their receipts upon receipt rolls, Form No. 53, Regulations for the Quarter- masters Department. XIII. Retired soldiers will have their rations commuted at $1.25 per day, to be paid by the commissary at the post designated, under the orders of the commanding officer. XIV. When the soldier shall be returned to his command, his dis- ability for field service having been removed, the post commander will note upon his descriptive list the dates to which payment may have been made him on account of pay and rations commuted and the articles of clothing issued, and return it to him to be delivered to his company commander, or, if he belongs to the non-commissioned staff, to the adjutant of his regiment or battalion. XV. The following forms will be observed: ARMY OF THE CONFEDERATE STATES. Medical certificate to retire invalid officer. (Under act of Congress approved February 17, 1864.) of the Regiment, Brigade, having appeared before the Board for examination, we do hereby certify (Here state whether the officer is permanently disabled and cannot perform duty in any branch of the military service, with a full description of the wound, injury, or disease, and the disabling effects, and that it was received or contracted in the service of the Confederate States in the line of duty. If it is a re-examina- tion, made periodically, state such fact. If the invalid, being disabled for service in the field, is fit for other service, recommend him accordingly. Should an invalid retired overcome the disability, reconmend him for such duty as he can perform.) -- , Surgeon, P. A., C. S., - , Surgeon, P. A., C. S., Surgeon, P. A., C. S., Medical Examining Board. (Place.) Examining Board. (Date.) (Duplicates.) ARMY OF THE CONFEDERATE STATES. Certificate of disability for retiring of invalid soldiers. (Under act of Congress approved February 17, 1864.) of Captain s company ( ), of the Regiment, s brigade, enrolled or enlisted by , at , on the da Page 217 CONFEDERATE AUTHORJTIES. 217 of , to serve . He was born in , in the State of ; is years of age, feet inches high, complexion, eyes, hair, and by occupation, when enlisted, a ; and having appeared before this Board for examination, we do hereby certify (Here state whether the soldier is permanently disabled and cannot perform duty in any branch of the military service, with a full description of the wound. injury, or disease, and the disabling effects, and that it was received or contracted in the service of the Confederate States in the line of duty. If it is a re-examina- tion, made at periods of six months, state such fact. If the invalid, being disabled for duty in the field, is fit for duty in some department of the military service, recommend him accordingly. Should an invalid discharged overcome the dis- ability, recommend him for such duty as he can perform.) _________ Surgeon, P. A., C. S., _________ Surgeon, P.A., C. S., Surgeon, P.A., C. S., Medical Examining Board. (Place.) Examining Board. (Date.) (Duplicates.) Form for retiring a soldier. (Under the act to provide an invalid corps, approved February 17, 1864.) To all whom it may concern: Know ye that a of Captain s company, Regi ment of , who was enlisted the day of , one thousand eight hun- dred and ,to serve ,js hereby honorably retired from military service, with the pay and emoluments of a in 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. _________ Surgeon, P. A., C. S. ____ Surgeon, P. A., C. S. Surgeon, P. A., C.S. By order: S. COOPER, A~jntant and Inspector General. [MARCH 16, 1864.For orders of Governor Allen, requiring every person in Louisiana liable to militia duty to hold himself in readiness at a minutes call for the defense of the State, see Series I, Vol. XXXIV, Part II, p. 1047.] [MARCH 17, 1864.For Vance to Davis, in relation to the business of blockade running, see Series I, Vol. LI, Part II, p. 837.] CIRCULAR BUREAU OF CONSCRIPTION, No.8. ~ Richmond, 3farch 18, 1864. I. General Orders, No. 26, Adjutant and Inspector Generals Office, is herewith made a part of this circular, * and commandants of con- scripts are enjoined to proceed to the rapid and vigorous execution of its provisions, under the instructions and interpretations herein prescribed. II. Under the terms of the eighth section of the act of Congress, published in General Orders, No. 26, Adjutant and Inspector Gen- erals Office, and the terms of Circular No. 55 of the Bureau, last series, *See p.178 Page 218 218 CORRESPONDENCE, ETC. commandants will proceed to organize the service iii their respective States. In addition to the organization therein provided for, and in fnrther pnrsuance of paragraph II of the said General Orders, No. 26, commandants will forthwith organize in each connty a board, to con- sist of not more than three of the most reliable and intelligent citizens between the ages of forty-five and fifty years, and who have been enrolled and detailed for the service. rrhese boards will be charged with aiding the local enrolling officer in obtaining information con- cerning all applications for exemption and detail for agricultural or other industrial pursuits, and also in fnrnishing all other information which may be needed in the duties imposed upon the enrolling officers. The local and Congressional enrolling officer will be required to super- vise the action of these boards, and promptly report to the commandant unfitness or delinquencies on the part of the persons detailed for them. So long as the duties are properly performed the persons so employed will be exempted from other service. Care will be used in the begiii- ning to select proper men, and in view of the grave duties herein devolved upon the enrolling officer, he will at his discretion require the written opinion of the Board on claims for exemption or applica- tions for detail, and may call on them for special information concern- ing matters pertinent to the service. In every case referred by the local or Congressional district enrolling officer to the commandants an opinion as to the merit must be indorsed or accompany the case, and the like rule will be rigidly observed by commandants in referring to this Bureau. III. Commandants will order the immediate enrollment and exam- ination of all persons within the prescribed ages who are found in the employment of any department of the Government and who are not specially exempted by the act of Congress; and such as are found fit for service in the field may be detailed until the 10th day of April next, provided an application is made according to the terms of the sixth paragraph of General Orders, No. 26, herein cited. IV. Commandants of conscripts will forthwith transmit to this Bureau recommendations for physicians to be employed in accordance with paragraph IX, General Orders, No. 26, herein cited. Much complaint reaches this Bureau concerning irregularities in the med- ical examinations. Loose or irregular examinations must not be per- mitted, and commandants will promptly report any well-ascertained delinquency in the matter. V. Forms for consolidated reports by the commandants of con- scripts will be forwarded; also forms for the record~ of the Congres- sional district and local enrolling officers. These records must be accurately kept and the reports based on them must be in clear and intelligible form or they will be returned for revision and correction. VI. Persons and classes enumerated in the first, second, third, fourth, fifth, and sixth articles of section 10, except those referred to in the latter clause of the fourth article of said tenth section of the act of Congress recited, shall be exempted. All other persons referred to in said act shall be detailed. VII. Exemptions by examining boards. 1. Persons who shall be determined by the Board of Examination to be incapable of performing active service in the field and any of the duties mentioned in the eighth section of the said act of Congress from causes of a permanent nature shall be exempted from military service by the said Board, who shall grant certificates thereof, which shall specify the causes of the incapacity, reciting in full the natur Page 219 CONFEDERATE AUTHORITIES. 219 and degree of tlie disease or other incapacity and the probable dura- tion of the disability caused by it; and the parties shall not be sub- ject to future examination unless specially ordered by the Board of the Congressional district in which snch parties reside, or by the com- mandant of conscripts for the State, or by this Bureau. 2. When in the opinion of enrolling officers the causes for which exemption was granted to a person, after examination by the Medical Board, have ceased to exist, they will make a report to the Board, stating the name of the person, when enrolled, when examined, and the disease and other cause of disability with the reasons for believ- ing it to have disappeared, and that the person is capable of perform- ing active service in the field, or some of the duties mentioned in the said eighth section of the act aforesaid. The Examining Board will then order the party to be brought before it for re-examination. When a person is re-examined by the Board his former certificate shall be surrendered and canceled. If again found unfit for duty a new cer- tificate of exemption shall be issued to him. 3. Every certificate of exemption granted by a Board of Examin- ation shall be approved by the Congressional district enrolling officer, which shall protect the person exempted from molestation by the officers of conscription and from re-examination unless the Board of Examination, or the commandant of conscripts, or the Bureau of Conscription shall order the same. VIII. Exemption of specified classes and individuals. 1. Applications for exemption under the third and sixth articles of the tenth section of the act aforesaid shall be made to the enrolling officer of the county in which the applicant resides, who will thor- oughly investigate the case, and if satisfied by competent evidence that exemption should be allowed, shall issue a certificate thereof, which must be submitted to the enrolling officer of the Congressional district for his approval. 2. Applications for exemptions under the fifth article of the tenth section of the act aforesaid shall be made to the commandant of con- scripts for the State, who will grant the certificate of exemption authorized by law, to continue during compliance with the conditions prescribed by said act. Exemption, except for the president, treas- urer, auditor, and superintendent, shall not be allowed to any officers and employ6s of a railroad company, unless the president or super- intendent shall certify on oath that the parties applied for are indis- pensable to the efficient operation of such railroad; that the persons exempted on said railroad shall not exceed one for each m~iile thereof in actual use for military transportation; that the ~xempts for such road shall be reported by name and description once a month to the commandant of conscripts for the State through which such road passes (or to the Bureau of Conscription), together with the names and descriptive list of any one who may leave the employment of the railroad company, or who may cease to be indispensable to the effi- cient operation of the said road. 3. The exemption of overseers or agriculturists on each farm or plantation upon which there are now, and were on the 1st day of Jan- uary last, fifteen able-bodied hands between the ages of sixteen and fifty, will be allowed for the space of twelve months, and the certifi- cate of exemption shall be granted by the officer taking the bond required by law, upon being informed by the commandant for that State that the bond is approved Page 220 220 CORRESPONDENCE, ETC. 4. The bond required to be given upon the exemption of an over- seer or agriculturist, under the fourth article of section 10 of the said act, shall be taken by the enrolling officer of the county or district in which such party resides, with the advice and assistance of the tem- porary Board aforesaid. It shall be payable to the Confederate States of America, in a penalty double the estimated value of the products to be delivered to the Government, and conditioned for the faithful performance of the requirements of the fourth article of the tent section of the said act. The value of the said products shall be assessed by the enrolling officer, who shall take the said bond, with the assistance of the said temporary Board, according to the market value thereof at the time and place of assessment. The said bond may be secured by a deposit of the amount of the penalty thereof in notes issued from the Treasury Department of the Confederate States, with any of the depositaries of the said Treasury, or by per- sonal security, the nature of the security to be at the option of the principal obligor in the said bond. Should the person so exempted elect to give personal security, the sureties tendered by him shall justify their sufficiency under oath before some justice of the peace, but shall not be accepted unless the enrolling officer taking the said bond, under the advice of the said temporary Board, shall deem them sufficient. Such bonds shall, after due execution, be transmitted to the commandant of conscripts for the State for file in his office, to be surrendered to the obligors when the conditions thereof are fully complied with; and the receipt of any quartermaster or commissary specifying that the amount of produce required by the bond has been duly delivered and accepted will entitle the person to have the bond canceled; and copies of such receipts should be forwarded to the commandant of conscripts, to be by him forwarded to the Quarter- master-General or the Commissary-General, through this Bureau. IX. Exemption on account of religious faith. Persons entitled to exemption as provided for in paragraph XII, General Orders, No. 26, Adjutant and Inspector Generals Office, cur- rent series, will on application receive certificates thereof from the Congressional district enrolling officer, on producing satisfactory evi- dence that they have complied with the requirements of the law. X. Exemption of officers of Confederate and State governments. Certificates of exemption for officers of the Confederate and State governments will be given by the commandants for the States. XI. Investigation of applications for exemption. 1. All other applications for exemption shall be made in writing to the enrolling officer of the county or district in which the applicant resides; shall be supported by his affidavit and other sworn testimony, and dealt with according to the provisions of paragraph III, of Gen- eral Orders, No. 26, Adjutant and Inspector Generals Office, current series. 2. Every application for exemption should be carefully, minutely, and thoroughly investigated by the local enrolling officer, with the aid of the temporary Board to be organized under the second clause of paragraph II of this circular, and be thereafter transmitted to the commandants of conscripts for the State, with a report of facts and their respective opinions on the merits of the application. The report of facts should be somewhat in detail, setting forth in regular order the facts developed in the investigation, giving briefly the reasons for the opinion expressed, and instead of being put in the form of an indorsement, will be made on a separate sheet of paper. The invest Page 221 CONFEDERATE AUTHORITIES. 221 gation should not be confined to an examination of the application and the papers that accompany it, or merely into the truth of the state- ments therein made, 1)ut should be directed with a view of ascertain- ing all the facts and circumstances of the case, and the exact condi- tion of the parties with relation thereto. XII. Details. Agricultural details: 1. The officers of conscription will give the most careful attention to the provisions of paragraph IV, General Orders, No. 26, Adjutant and Inspector Generals Office, current series, in connection with the last clause of the fourth article of the tenth section of the act of Congress cited. This paragraph embraces the whole system of details provided by law to maintain the indus- trial production of the country, in view of the public defense. 2. The investigati3n of every case presented must be the most pre- cise and accurate which can be attained by the enrolling officer (with the co-operation of the temporary boards), and all action must be in direct view of the necessities indicated. Connuandants will institute such modes of inquiry and report as will fnrnish the fullest testimony. The policy of the law is to enforce the largest amount of production in every case in which the detail is made. The schedule of terms hereto appended will, it is believed, meet a majority of the cases that. are likely to be presented. Where it is doubtful whether the case is covered by the classification, commandants will in general decide by reference to the plain intent of the law, or refer the matter to this Bureau, with full testimony and opinion. In all details there must be satisfactory evidence of the necessity, as expressed in General Orders, No. 26, current series. Schedule of terms: 3. Where there are two or more farms contigu- ous, or within five miles of each other, measuring from the home- steads, having on each five or more hands, amounting in the aggregate to fifteen hands, or where one person has two or more plantations within five miles of each other, having an aggregate of fifteen or more hands, there may be detailed one person as overseer or manager of the two or more farms; provided there is on neither of the farms a white male adult, declared by the enrolling officer and the temporary Board capable of managing the farms with a reasonable efficiency, not liable to military duty; and provided the person detailed was on the 1st day of January, 1864, either owner, manager, or overseer residing on one of the farms; and provided the owners of said farms shall execute a joiiit and several bond, on the terms prescribed for the owners of fifteen hands, except that such persons shall not be allowed the privilege of commutation provided in the fourth article of the tenth section of the act recited. 4. Where details are allowed to persons having less than fifteen, and five or more than five, hands, they shall enter into like obligation as prescribed for the owners of fifteen or more hands, except that for each hand less than fifteen down to five there shall be supplied five pounds less meat, thus: Each of fourteen hands, 95; thirteen hands, 90; twelve hands, 85; * * ~ six hands, 55; five hands, 50 pounds. o. Where details are allowed to persons having less than five hands, they shall enter into like obligations to sell all their surplus produc- tions to the Government. 6. All details herein prescribed to be allowed are subject to revoca- tion by the commandant of conscripts, on the report of the enrolling officer that the person detailed is not habitually, industriously, and in good faith engaged in the occupation for which the detail is granted Page 222 222 CORRESPONDENCE, ETC. Enrolling officers are required to be unusually vigilant in supervising such details. Omission in this duty will constitute grave dereliction. 7. Enrolling officers are required to exercise the utmost caution in recommending details in the classes enumerated. It is by no means intended to grant them indiscriminately, but to limit them as mud as is consistent with the public good. All pertinent circumstances will be carefully inquired into. Among these are fitness for the field; ability or aptitude for the purposes of the detail; condition of the family; whether any or how many are in the military service; public good, justice, equity or necessity, & c. XIII. Details for public necessity. Applications for details such as are not required for the service in any of the military bureaus, or for service in any of the departin ents of the Government, including service with contractors, will be made, accompanied by a descriptive list, to the enrolling officer of the appro- priate county or district, and be supported by the affidavit of the applicant and other testimony under oath. The district enrolling officer will institute a minute and searching investigation into the circumstances of the case, the result of which will be set forth on a separate sheet of paper. The district enrolling officer may, if he approves the application, grant a detail for sixty days and forward the papers through the commandant to the Bureau for its action. If the application is refused, the reasons in full will be indorsed, and in case of appeal, the papers forwarded to this Bureau through the same channels. If the persons for whose detail application is made are engaged in performing the duties on account of which details are asked they will be allowed to remain until final action. If otherwise, they should be sent to camps of instruction. XIV. Details for persons between forty-five and fifty for Govern- ment work. Applications for the detail of persons between forty-five and fifty years of age for service in auy of the military bureaus or in any of the departments of the Government will be made, accompanied by a descriptive list, to the local or district enrolling officer; and it must set forth the nature of the duties to be performed, the necessity for the detail, and the period for which it is required. The district enrolling officer, after investigation made and reprted as directed in preceding paragraph, may, if he approve the application, grant a detail for a period not exceeding sixty days, and forward the papers to the commandant for his action. An appeal from the action of the enrolling officers and the commandant may be taken to this Bureau. XV. Details of artisans, mechanics, & c. 1. Applicatioiis for the detail for service in any of the military bureaus or for any of the departments of the Government (including contractors) of artisans, mechanics, or persons of scientific skill, to perform indispensable duties, should be made, with descriptive lists, to the enrolling officer. The skill of the party, the duties to be per- formed, and why his services are indispensable, and the period for which the detail is required, must be distinctly set forth. Applica- tions for the employds of contractors must in addition contain a cer- tificate from the officer contracted with, or the head of the department, that the services of the particular parties are required for the per- formance of indispensable Government work. The district enrolling officer may grant detail for sixty days and forward the papers through the ~omnmandant (each expressing his opinion) to this Bureau for its action. If the application is refused, reasons in full will be indorsed Page 223 CONFEDERATE AUTHORITIES. 223 and in case of appeal, papers forwarded to this Bureau. If the parties applied for are at work they will be allowed to remain until action is taken; if otherwise, they should be sent to the camps of instruction. Applications for the detail of contractors themselves must also con- tain the certificate of the head of Ehe Bureau, required by the eleventh section of the act. XVI. All other applications for exemption or detail not otherwise provided will be made to the enrolling officer and forwarded through the proper channels. XVII. Great care should be exercised in exempting or detailing able-bodied men between eighteen and forty-five. No case should be acted on until after minute and thorough investigation as to the alleged private or public necessity, advantage, convenience, justice, or equity, and as to whether persons not liable to service in the field may not be obtained. XVIII. Reports. 1. Examining boards, in addition to the lists directed in paragraph VIII, General Orders, No. 26, Adjutant and Inspector Generals Office, current series, will furnish district enrolling officers with lists of men in their districts found fit for military service but unfit for service in the field, specifying in each case what duties they are capable of performing. Congressional district officers to furnish similar lists to county enrolling officers, the object being to enable persons needing detailed men to see who are the subjects of detail, and to choose from them. 2. Enrolling officers will forward to the commandant of conscripts monthly a report of all persons enrolled by them and the action taken in each case. These reports will be consolidated by the commandant, with reference to the distinctions made in the act of Congress, and the regulations for its enforcement, in duplicate, one copy of which will be forwarded to this Bureau, and one kept on file in the office of the commandant. XIX. Enrollment of reserve classes. 1. Commandants of conscripts will proceed to enroll all persons between the ages of seventeen and eighteen and forty-five and fifty years, in execution of General Orders, No. 33, Adjutant and Inspector Generals Office, current series, which is herewith made a part of this circular. * 2. Commandants will keep a separate and distinct roll of persons between the ages of seventeen and eighteen and forty-five and fifty. 3. Commandants of conscripts wiLl assign to duty, as a supporting force for conscription service, such persons as may be r~cornmended by the examining boards as unfit for the field, but as competent for this service; and when as many as sixty-four such persons are so assigned, they will be organized into a company, elect their officers, and return the muster-rolls to the commandants; and if there be not a sufficient number to form a company in each Congressional district, then the commandant may assign a sufficient number of persons between forty-five and fifty years of age, so as to complete a company for each Congressional district. A competent officer of the rank of colonel will be assigned by this Bureau to organize such companies into a regiment, if there be the requisite number of companies; or into a battalion, if there be less than ten companies; or into two bat- talions, if deemed preferable. * Here omitted, but see p. 212 Page 224 224 CORRESPONDENCE, ETC. XX. General instructions. 1. Commandants will always bear in mind that General Orders, No. 26, is not only the basis, but forms a large portion of these instruc- tions. They will habitually recur to its provisions to aid in the appli- cation of other provisions of this circular. 2. Commandants will of course refer cases of difficulty to this Bureau; but references which bear on their face that they are rather to avoid due responsibility or labor will be retained without remarks. 3. The duty of the commandants of conscripts is, in accordance with these instructions, to maintain and invigorate the industrial pro- duction of the Confederacy and supply its armies with men. This duty must be performed or our struggle for independence and liberty will fail. By order of Col. J. S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. BUREAU OF CONSCRIPTION Richmond, March 18, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: Governor Watts, of Alabama, in his letter to the President, dated 8th of March,* and handed by you to me, states that there have been many companies raised in Alabama for conscript service and the arrest of absentees, and that these companies have in general done little good and frequently much harm to the service. These coin- panies were raised by Brigadier-General Pillow when assigned to con- scription service by General Johnston. The evils complained of were manifest on the transfer of the conscription service in Alabama to this Bureau, and instant steps were taken to ascertain the condition of the companies, by what authority raised and assigned, the mate- rial of which they were composed, and all other matter necessary to a proper disposition of them. It involved a slow, difficult, and delicate inspection. Most of the companies were mustered for the war, contained many conscripts liable to general service, and were of such character that if suddenly disbanded the men might be entirely lost. If the conscripts were withdrawn, they would disband, and if ordered to the field the con- script service would be utterly without support. The investigation is progressing, and in the meantime all that can be.~spared from con- script service have been ordered to report either to General Polk or to officers authorized by tIme War Department to raise and organize forces. The process is now at work under the orders of an efficient commandant of conscripts, and it is hoped that all, or nearly all, the companies will soon be placed in the field except one for each Con- gressional district reserved for conscript service. I still believe that the very worst agency to have control of con- scription, except that of generals commanding, is the local civil or military authorities. Wherever it has been tried it has proved a dis- astrous failure, and such would be the result of Governor Watts plan. If the State authorities or generals commanding would actively and cordially co-operate with the conscript authorities instead of endeavoring to control or oppose them good might result. *Not found Page 225 CONFEDERATE AUTHORITIES. 225 During my six months in this Bureau there has never been one man sent to the field by State authority. Thousands have been kept from the field by the action of that authority. The collisions between the State and conscript authorities have been universally caused by the effort of the States to keep or take men from the conscript officers. The same experience indicates that no general commanding a department or district having control of conscription has sent one conscript out of his department. I am not informed that fifty con- scripts have been sent from Mississippi, Alabama, Florida, or Ten- nessee to the Army of Virginia while General Pillow, under General Johnston, had control of conscription in those States. The difficulties, delays, and irregularities of conscription do not result from the difficulty in finding men, but the impossibility of getting those men out of the hands of recruiting officers under gen- erals commanding, of Governors, judges, and demagoguing politicians. These are the real impediments to the success of this Bureau. From one end of the Confederacy to the other every constituted authority, every officer, every man and woman is engaged in opposing the enrolling officer in the execution of his duties. It is their efforts to meet and overcome these obstacles which causes the outcry against these officers and suggests these crude plans for the service to which they are assigned. With the present onerous, responsible, and important functions charged npon the conscription authorities, it may be worthy of con- sideration whether the duty of arresting absentees may not be con- fided to other agencies; but for conscription merely you cannot devise a better system than the one now in operation. Very respectfully, your obedient servant, JNO. S. PRESTON, Colonel and Superintendent. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., lliliarch 18, 18G4. Hon. EUGENIUS A. NISBET, Macon, Ga.: SIR: I inclose you a copy of the act of Congress for the suspension of the writ of habeas corpus, and the orders of this Department for the execution of the writ. * The second section of the act requires the selection of proper officers for the investigation of the cases of all persons who may be arrested or detained, and for the flscharge of such as are improperly detained. The Department has selected you for the oversight and direction of the whole subject in the State of Georgia, except the cases immediately arising in the army of General Joseph E. Johnston. A person has been selected to attend to that army. You will be authorized to detail from the men between forty-five and fifty years such assistants as you may require. The duties to be performed will sufficiently appear from the act~ itself and from the orders already issued. A copy of this letter will be sent to the various military commanders, and you will be entitled to transportation upon application to the quartermaster. *See General Orders, No. 31, p. 203. 15 R RSERJES IV, VOL II Page 226 226 CORRESPONDENCE, ETC. Congress failed to make an appropriation to carry into effect the act, and the Department cannot at this time specify the rate of com- pensation; but an application will be made to Congress in May next, and it is hoped that it will be settled on a satisfactory basis. Mean- while you are requested to keep an accurate account of the expenses and forward them to the Department before the 1st of May. The Department is aware of the delicate nature of the duties to be performed, and the importance in the present condition of the country of exactness and circumspection in the administration of the power coufided by the act the Department devolves upon you in the State of Georgia under a sense of the responsibility that rests upon you. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. LIBERTY, VA., March 18, 1864. Hon. J. A. SEDDON, Secretary of War Confederate States of America: SIR: There can be little doubt but that the want of organized transportation and the inability of the railroads to effect the domestic commerce of the country enters largely into the problem of market price, and must to that extent affect the operation of the new cur- rency act. The obstacles to internal commerce are: First. The incomplete condition of certain railroad extensions and connections, such as those of the Danville and Central, in Virginia; the connection by rail to Richmond, Petersburg from Yorkville, across to Augusta, & c. Second. The deficiency of rolling-stock, especially of locomotives. The several roads now running in Virginia have not one-fourth, in some cases not one-eighth, of the motive power proper for their regular trade. The Central road reported only eight locomotives in working order. The ratio of engines to length of road run would give the road fifty or sixty. The Virginia and Tennessee road is short of motive power, and the South Side road in every respect inad- equate to its business. The rails of all these roads are reported in bad condition, varying of course with grades and tonnage, but all requiring repair. The reduction of train speed has its effect upon the internal intercourse of the country. Third. The refusal of roads on the same gauge to allow the freight- cars of other roads to run over their rail, thereby involving unneces- sary transshipments, and throwing the through treights into the hands of an express company, heretofore unlimited in its exactions. These are, in my opinion, the main causes of the great difference in prices between the different portions of the Confederacy and between the metropolis and the interior. During the last session of the Virginia Legislature it became my duty, as chairman of the Committee on Roads and Interior Naviga- tion (I state this to authenticate the condition and defects of the Virginia roads), to examine into the subject of internal transportation, and to recommend measures for its improvement. The lower House passed a bill requiring roads to pass the freight-cars of other roads of the same gauge over their own road. Railroads were required to establish an express department. These provisions were lost in the Senate. Express companies were placed under stringent regulations. They are now restricted to double the freight allowed the railroad Page 227 CONFEDERATE AUTHORITIES. 227 A bill was also reported making a State subscription to a joint-stock locomotive factory and rolling-mill. It was regarded favorably, but not reached. The remedies proposed are: First. The military possession of the roads so far as to insure through freights and close connections. Second. The organization of locomotive factories with a detail of skilled workmen, and the importation or manufacture of boiler plates, tubular boilers, chilled wheels, chilled tire, & c., the manu- facture of freight-cars, the erection of rolling-mills, whenever neces- sary for the repair of extensive lines of roads. I am aware this plan involves labor and responsibility, but it is submitted in the belief that it will effect much to facilitate the military operations and the internal commerce of the country. It will indirectly operate upon the currency, for if the supplies continue irregular or deficient the Government will be driven to a reissue of currency. You will please excuse this communication, dictated by an interest in the public welfare. Respectfully, yours, WM. M. BURWELL. [First indorsement.1 MARCH 28, 1864. QUARTERMASTER-GENERAL: These suggestions are worthy of attentive consideration. J. A. S. [Second indorsement.] QUARTERMASTER-GENERALS OFFICE, March 29, 1864. Respectfully forwarded to Lieutenant-Colonel Sims. By order of Quartermaster-General: W. F. ALEXANDER, Major and Assistant to the Quartermaster- General. [Third indorsement.] QUARTERMASTERGENERALS OFFICE, April 9, 1864. Respectfully returned to the Secretary of War, whose attention is invited to the inclosed report of Lieutenant-Colonel Sims. A. R. LAWTON, Quart errnasterGeneral. [Inclosure.] C. S. QUARTERMASTERS DEPT., RAILROAD BUREAU, BrP~ Gen. A. R. LAWTON, Richmond, April 1, 1864. uartermaster- General, Richmond, Va.: GENERAL: I have the honor to return herewith a communication from Hon. W. M. Burwell, and submit for your consideration the following reply: First. It is well known to all who have investigated the matter that everything possible has been done to complete the Danville connec- tion, and but for the difficulty in getting rails it would have been further toward completion. The connection from Columbia to Au- gusta is one of extreme importance and should be fostered in ever Page 228 228 CORRESPONDENCE, ETC. way by the Government. Immense trouble will be encountered, but the reward will be great. It will shorten the distance between those two points from 143 miles to abont 80 miles, saving about 63 miles and giving a line not subject to interruptions by the enemy. It could be finished in twelve months, but it would require extraordinary exer- tions and every facility that Government could give. It cannot be urged too strongly, and I trust the matter will not drop with this report. Second. The deficiency of rolling-stock is great and without remedy until the policy of the Government changes in regard to keeping mechanics in the Army, to which must be added another difficulty quite as serious, i. e., the supply of iron. The deficiency of locomo- tives is not so serious if those in the country could be thoroughly repafred. This takes mechanics and materials, which are not in the Confederacy. I am confident that with 100 mechanics and a supply of block tin, copper, cast-steel, & c., distributed through the various shops in Virginia, that the effective motive power of the State would be in six months increased one-half. It was with the idea of placing this machinery in good order that I applied for the detail of one mechanic for every ten miles of railroad in operation in the Confed- eracy, but so impracticable was considered my suggestion that no reply was made to it. Third. It is almost an impossibility for those who have had no practical experience to understand how any difficulty can arise from interchanging cars, and yet it is most fruitful of destruction to prop- erty. Cars never get the proper attention when from under the owners eye, and with the present scarcity it is the true policy to husband them with care. The experience of the world is against it, and if the time ever comes when it is pursued you may rely upon all improve- ment in, or certainty of, transportation is destroyed. In peace times competing lines sometimes interchanged cars, but it was always with the expectation that many would be destroyed. Can we afford to lose any? Certainly not. Then we mnst manage those we have so as to avoid it, and that can only be done by keeping them constantly under the eye of the owner. The establishment of a locomotive factory is very desirable, but here arises the same question of men and material, with the additional one of obtaining complicated machinery; but these are not insurmountable obstacles, nor do they need legislation. If the mechanics can be had the balance will be forthcoming. If mechanics are not to b~ had for repairing locomotives, where is the force coming from to construct them? That the railroads should come under mili- tary control I am becoming every day more satisfted. There seems to be a desire to work for the roads interest rather than sacrifice all convenience for the countrys cause. For instance, it is clear to any- body that the two roads from Richmond to Weldon should be worked as one corporation, and yet all the advantages to the Government and the public cannot bring it about. If the Virginia Legislature really wish to make the railroads serve the Confederate States, let it amal- gamate these two roads. This is a matter about which there can be no doubt, and nothing but self-interest will oppose it. Greater harmony would doubtless produce better results, but this I fear can never be obtained until a Government officer manages every road. The present incumbents might still retain their positions, but should be directly amenable to Government, and made to feel that the inter- ests of Government were paramount to every other consideration. This question will press more heavily than heretofore from the exten Page 229 CONFEDERATE AUTHORITIES. 229 of demand which require greater exertions, and its consideration should not be postponed. The sum of all that is proposed in this communication is men and iron. With these we can make boiler plate, wheels, tires, cars, rails, & c. There is nothing impossible in it. Indeed, it is easy of accomplishment, and if Government will only offer the details, works corresponding in extent with the demand will soon be started; but before I could conscientiously recommend this plan I should like to see all the present motive power and cars in working condition, and until this is done it is worse than folly to attempt more extensive projects. I remain, general, very respectfully, your obedient servant, F. W. SIMS, Lieutenant- Colonel and Quartermaster. [MARCH 18, 1864.For Forrest to Polk and Clark to Polk, in rela- tion to the transfer of the State troops of Mississippi to the Confed- erate service, see Series I, Vol. XXXII, Part III, pp. 650, 651.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 35. Richmond, Miarch 19, 1864. I. Officers on inspection duty, while traveling under the immediate orders of the War Department, will be allowed their personal expenses (less the commutation value of one ration per day) in lieu of all allow- ances for fuel, quarters, and forage. Each account must be certi- fied by the officer receiving the payment, and will be paid by any quartermaster. II. Paragraph 166, General Regulations, is not construed to allow certain commanding officers to grant themselves leave. They will not absent themselves from their commands without authority from this office. III. Paragraph 170, General Regulations, is hereby revoked. Nor will the commander of a post grant leave to an officer without per- mission first obtained from the general commanding the army or department in which the post may be established. IV. Commanding generals and other commanding officers are pro- hibited from detaching officers and ordering them to duty or for assignment in other commands, or beyond the limits of their depart- ments or commands, without previous authority from this office. The transportation allowance of an officer so detached and ordered with- out previous authority will be charged to the officer giving the order. V. Until exchanged and reassembled, the officers and men of cap- tured organizations will be temporarily assigned, by the general com- manding the department in which the troops have been serving, to depleted organizations in the service, or to such other duty as the commanding general may direct. To this end it will be the duty of the officers of the Conscription Bureau in the several States to return to the general commanding the department in which the troops have last served such officers and soldiers as are now or may be hereafter absent from duty on account of the capture of their command. VI. Paragraph VI, General Orders, No. 13, current series, is thus amended: In making payments to soldiers upon descriptive lists officers of the Quartermasters Department will be careful to indorse thereon th Page 230 230 CORRESPONDENCE, ETC. amounts paid and the time for which they have been paid, retnrning the same to them for delivery to their company commanders. Dis- bnrsing officers will file with receipts given by soldiers thus paid a certificate in each case that the descriptive list was according to pre- scribed form, dated, and subscribed by the officer commanding the company; that the station of the company was given and that no money was paid the soldier except that certified by the officer as due from the records of the company. VII. Under General Orders, No. 142, 1863, the inspector-general of field transportation is charged with impressing and purchasing field transportation ~or the Army. His officers and agents will not be inter fered with by either officers or soldiers when engaged in discharging that duty. VIII. Persons liable to conscription who have joined companies in the local or special service will be turned over to enrolling officers for assignment to companies in the general service. IX. The following is published as supplementary to the schedule of average cost of arms, parts of arms, and accouterments, as set forth in General Orders, No. 158, Adjutant and Inspector Generals Office, December 3, 1863: Carbine (breech-loading) $75.00 Horse brush $2.00 Carbine (muzzle-loading) 60.00 Bridle 14.00 Parts of same. (See prices of Bit 2.00 parts of rifle, model 1855.) Girth 5.00 Skeleton saddles 75.00 Stirrups .....-. 2.00 Halter -- - 12.00 Bridle reins 7.00 Crupper . 3.00 Spurs . 1.50 Stirrup leathers 6.00 Curry comb. 1.25 Mess blanket 4.00 Nose bag 2.50 Halter reins 5.00 Cartridges of all kinds, each - - .25 Headstall 7.00 Caps of all kinds, each .021 The price of bayonets is increased to $11 each. B y order: S. COOPER, A5~jutant and Inspector General. CIRCULAR BUREAU OF CONSCRIPTION No. 9. Pichinond, March 19, 1864. I. This Bureau being charged by General Orders, No. 32, Adjutant and Inspector Generals Office, current series, with the enrollment and assignment of all the persons described in the first section act of Con- gress therein published and entitled An act to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities, the said first section and paragraphs II and III of the said orders are herewith made parts of this circular. * II. Commandants of conscripts will forthwith proceed in accord- ance with the foregoing second paragraph of said orders to the enroll- ment of the persons described in the said first section of the act aforesaid, have them examined by the Board of Examination, and furnish the Bureau descriptive lists of such as are fit for the service required. Ten days furlough may be allowed after acceptance, at the expiration of which time the persons who are found fit for the service required will be forwarded to the headquarters of the general *Seep 207 Page 231 CONFEDERATE AUTHORITIES. 231 commanding the department embracing the States in which they are enrolled. Receipts will be taken upon their delivery. III. Applications for exemptions in this class of persons may be finally disposed of by the commandant of conscripts without reference to this Bureau. He should require them to be forwarded to him in accordance with the instructions of Circular No. 8, current series. By command of Col. John S. Preston, superintendent: T. GOLDTHWAITE, Acting Assistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March .19, 1864. General E. K. SMITH, Commanding, & c.: GENERAL: The letter of Brigadier-General Greer of the 7th of December last* with your indorsement of the 18th of January has been received. This Department has experienced much embarrassment from the eccentric decisions of inferior judges who have had the power to issue writs of habeas corpus, and can appreciate the difficulties that Gen- eral Greer has had to encounter on that subject. His opinion as to the liability of deputy clerks and deputy marshals is concurred in, and the late act of Congress to organize forces for the war will enable him to apply a corrective to some of the evils he complains of. A copy of that act with the orders and regulations will be sent to you with this letter. The act embraces two distinct subjects-the organi- zation of the existing Army and the recruiting of its ranks by con- scription. The act continues in service all men between eighteen and forty-five now belonging to the Army till the end of the war. You will observe that it does not abridge the term of service of those who belong to the Army. It does not provide for the discharge of any until their legal term of service has expired. Persons over forty-five will serve for that term, whatever it may be. The act also provides for the transfer of certain companies and men to other organizations, but the mass are continued in their existing organizations. Congress, before the passage of this act, had adopted a special act repealing the exemption of principals who had put in substitutes and who had no other cause of exemption. By the act of Congress of the 17th of February they repealed all existing exemptions ~nd provided that all men between seventeen and fifty years of age should be planed in service under the limitations and exceptions embraced in that act. General Orders, No. 26, contains the act and the regulations of the Department for its execution. Besides these acts the superintendent of the Bureau of Conscription has made in the form of instructions more detailed arrangements for their complete enforcement. These orders and regulations will accompany this letter. By the act of Congress of the 27th of September, 1862, the disposition to be made of conscripts is declared. They were to be appropriated, first, to the filling up of the regiments in existence prior to the 16th of April, 1862, and then to the completion of the regiments formed between that date and the I st of October, 1862. No new companies were contemplated to be made from men liable to conscription, except in those districts *See Series I, Vol. XXVI, Part II, p. 493 Page 232 232 CORRESPONDENCE, ETC. in which the conscription act could not be enforced, and no other agencies were to be employed except those of the conscription service. General Orders, No. 82, series of 1862, were framed with this object. This Department has deviated from this ~Ian under a supposed necessity in some instances, but experience has convinced it that a strict adherence to the law and the regulations would have been productive of greater benefit to the service. It now discards all plans for recruiting outside of those regular agencies, and refuses authorities to raise companies except under very special circum- stances, and those are limited to the country occupied by the enemy. The act of Congress before mentioned, as you will perceive, greatly diminishes the classes of persons entitled to detail for special service. The act, the orders, and the instructions of the Bureau of Conscrip- tion will place you in possession of the general views of the Depart- ment relative to the manner of performing these functions. They involve considerations of the gravest import, and in intrusting the discharge of similar functions to you the Department is fully aware of the magnitude and difficulty of the trnst. The general principles it has adopted it recommends to youthat you cause the Bureau of Conscription to be organized with care and managed with efficiency; that the prin,cipal aim should be to recruit the existing organizations and to decline the issuing of any special authorities or the creation of independent agencies. It is proper that the regiments of Arkan- sas, Louisiana, and Texas on the east of the Mississippi River should be recruited, and that new regiments should not be formed until this be done. The service of the Army proper should as far as practica- ble be performed by men fit for duty in the field, and the Bureau and civil service should be supplied by the persons designated in the eighth section of the act. Reserve forces should be organized and made as efficient as the circumstances of the country will warrant, and care should be employed and discrimination exercised to provide sufficiently for the maintenance of the industrial operations of the country. A broad, statesmanlike administration is necessary for the fulfillment of the duties imposed by this act. General Orders, No. 31, contains the act for the suspension of the writ of habeas corpus. The bill itself imposes upon you the duty of its execution in your department. You will find in the orders what the Department has done for its execution in the Cis-Mississipj~i Department. Commissioners of the highest character and profes- sional ability have been selected for the performance of the duties charged upon them, and they have been authorized to detail from the class between forty-five and fifty adequate assistance. Congress failed to make an appropriation to carry into execution this act, but that omission will probably be supplied in May next. The compen- sation of the commissioners has not been settled, but the Department will be disposed to fix it upon a liberal footing. The country is nat- urally jealous of any suspension of this writ, and the Department has been anxious to impress upon its administration under it the ~vidence of professional ability, sound discretion, and personal honor, so as to avoid any appearance of evil. The most ordinary case in which the act will be required is that in which persons seek to avoid military service, and your attention is directed to that section as affording a cure for some of the evils of which Brigadier-General Greer com- plains. Another important branch of your duties will arise under the act imposing regulations upon the foreign trade, with the view to obtain foreign supplies. The scheme of this act is to prohibit th Page 233 CONFEDERATE AUTHORITIES. 233 exportation of cotton, tobacco, rice, sugar, molasses, and military and naval stores, except under the regulations of the President. A pro- hibition is laid upon the import of many articles of luxury. The regulations framed by the President were designed to secure the application of all these articles mentioned in the act of Congress to the accumulation of supplies for the Army and necessaries for the people. Congress also passed a bill to create two bureaus, one for either side of the Mississippi River, for the carrying into effect this act, but owing .to some inattention or inadvertence it failed to be signed by the officers of the two branches of Congress, and was not carried to the President. It did not therefore become a law. There will be required in your department some special agency for the pur- chase, transportation, export, sale, and investment of the proceeds of the articles belonging to the Government, and for the oversight of the transactions of individuals under the act of Congress and regulations. The bill which failed to become a law, under the circumstances before mentioned, provided such an agency to be subject to your control, and in the absence of adequate agencies of administration in the Treas- ury Department in that district, and in consequence of the absorption by the military department of so much of the active business popu- lation and the machinery of government, it is not .perceived how the act can be efficiently executed otherwIse than by the establishment of a similar agency to that provided. The regulations that have been adopted furnish an outline of the method of proceeding under the act. It will be necessary for you to fill up that outline by practical measures to give efficiency to the system. Copies of the regulations both for the sea and the land will be sent to you. I recommend that the officers employed in this business be required to give bonds, and that they be selected with discrimination, so as to secure men who will not abuse their positions to promote any personal or individual object. The country requires that all its resources be husbanded with solicitude and that none should be expended except to promote the public good. At the same time a liberal consideration of the con- venience and comfort of the people at large is proper, so as to obtain their cordial co-operation and support. Congress revised its act concerning impressments and provided for the employment of free negroes and slaves in certain branches of the public service. It may be that your circumstances will require the employment of slaves in the operations of your department. The act provides that 20,000 slaves may be impressed, provided that free negroes cannot be obtained, and slave labor cannot be contracted for. The Department has directed the enrollment of free negj~oes and will probably impress some 10,000 or 15,000 slaves in the various depart- ments on this side of the Mississippi River. The same power is extended to your department. You are at liberty to call into service, if they are needed, 6,000 slaves to perform the duties that the act of Congress contemplates. NV e have determined here to employ the Bureau of Conscription to obtain them as the most diffused of the agencies under our control. In the General Orders, No. 1138, of 1863, you will find some leading directions as to the methods of proceed- ing, but some of the details of these orders have been modified by General Orders, No. 32, of the present series, especially those in refer- ence to the compensation to be paid to the overseers. Finally, I will call your attention to the act and orders for the establishment of tIme invalid corpsGeneral Orders, No. 34. The persons retired under these orders should obtain their orders from th Page 234 234 CORRESPONDENCE, ETC. headquarters, and the roll of officers and men should be preserved there. No person should be permitted to have the benefit of that act except under the order of the department commanders. Much con- fusion and fraud have been the consequence of allowing to subordi- nate officers to determine finally upon the condition of officers and men in service. The delicacy and difficulty of the duties cast on you by these various laws and orders are sensibly felt, but full c~nfideuce is placed in your discretion, zeal, and ability for their faithful discharge. I have the honor to remain, general, very truly, yours, JAMES A. SEDDON, Secretary of War. (Resolutions introduced by Hon. Linton Stephens.) RESOLUTIONS on the suspension of the habeas corpus. The General Assembly of the State of Georgia do resolve, 1st. That under the Constitution of the Confederate States there is no power to suspend the privilege of the writ of habeas corpus, but in a manner and to an extent regulated and limited by the express, emphatic, and unqualified constitutional prohibitions, that No person shall be deprived of life, liberty, or property, without due process of law, and that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the places to be searched and the persons or things to be seized. And this conclusion results from the two following reasons: First. Because the power to suspend the writ is derived, not from express delegation, but only from implication, which must always yield to express con- flicting and restricting words. Second. Because this power, being found nowhere in the Constitution but in words which are copied from the original Constitution of the United States, as adopted in 1787, must yield in all points of conflict to the subsequent amendments of 1789, which are also copied into our present Constitution and which contain the prohibitions above quoted and were adopted with the declared purpose of adding further declaratory and restrictive clauses. 2d. That due process of law for seizing the persons of the peo- ple, as defined by the Constitution itself, is a warrant issued upon probable cause, supported by oath or affirmation, and particularly describing the persons to be seized; and the issuin~of such warrants being the exertion of a judicial power is, if done by any branch of the Government except the judiciary, a plain violation of that provision of the Constitution which vests the judicial power in the courts alone; and therefore all seizures of the persons of the people by any officer of the Confederate Government without warrant, and all warrants for that purpose from any but a judicial source, are, in the judgment of this General Assembly, unreasonable and unconstitutional. 3d. That the recent act of Congress to suspend the privilege of the writ of habeas corpus in cases of arrests ordered by the President, Secretary of War, or general officer commanding the Trans-Mississippi Military Department, is an attempt to sustain the military authority in the exercise of the constitutional judicial function of issuing war- rants, and to give validity to unconstitutional seizures of the persons of the people; and as the said act by its express terms confines its operation to the upholding of this class of unconstitutional seizures Page 235 CONFEDERATE AUTHORITIES. 235 the whole suspension attempted to be authorized by it and the whole act itself, in the judgment of this General Assembly, are unconstitu- tional. 4th. That in the judgment of this General Assembly the said act is a dangerous assault upon the constitutional power of the courts and upon the liberty of the people, and beyond the power of any possible necessity to justify it; and while our Senators and Representatives in Congress are earnestly urged to take the first possible opportunity to have it repealed, we refer the question of its validity to the courts, with the hope that the people and the military authorities will abide by the decision. 5th. That as constitutional liberty is the sole object which our peo- ple and our noble Army have in our present terrible struggle with the Government of Mr. Lincoln, so also is a faithful adherence to it on the part of our own Government, through good fortune in arms and through bad, one of the great elements of our strength and final suc- cess; because the constant contrast of constitutional government on our part with the usurpations and tyrannies which characterize the Government of our enemy, under the ever recurring and ever false plea of the necessities of war, will have the double effect of animating our people with an unconquerable zeal and of inspiring the people of the North more and more with a desire and determination ,to put an end to a contest which is waged by their Government openly against our liberty and as truly, but more covertly, against their own. THOS. HARDEMAN, JR., Speaker House Representatives. L. CARRINGTON, Clerk House Representatives. PETER CONE, President of Senate pro tern. L. II. KENAN Approved March 19, 1864. Secretary of Senate. JOSEPH E. BROWN, Governor. (Introduced by Hon. Linton Stephens.) RESOLUTIONS declaring the ground on which the Confederate States stand in this war, and the terms on which peace ought to be offered to the enemy. The General Assembly of the State of Georgia do~resolve, 1st. That to secure the rights of life, liberty, and the pursuit of hap- piness, governments were instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new govern- muent, laying its foundations on such principles, and organizing its powers in such form as shall seem to them most likely to effect their safety and happiness. 2d. That the best possible commentary upon this grand text of our fathers of 1776 is their accompanying action, which it was put forth to justify; and that action was the immortal declaration that the former political connection between the Colonies and the state of Great Britain was dissolved and the thirteen Colonies were, and of right ought to be, not one independent State, but thirteen independent States, each of them being such a people~~ as had the right, when Page 236 236 CORRESPONDENCE, ETC. ever they chose to exercise it, to separate themselves from a political association and government of their former choice and institnte a new government to suit themselves. 3d. That if Rhode Island, with her meager elements of nationality, was such a people in 1776, when her separation from the Govern- inent and people of Great Britain took place, much more was Georgia and each of the other seceding States, with their large territories, populations, and resonrces, such a people, and entitled to exercise the same right in 1861, when they decreed their separation from the Government and people of the United States; and if the separation was rightful in the first case it was more clearly so in the last, the right depending, as it does in the case of every people for whom it is claimed, simply upon their fitness and their will to constitute an independent state. 4th. That this right was perfect in each of the States, to be exercised by her at her own pleasure, without challenge or resistance from any other power whatsoever; and while these Southern States had long had reason enough to justify its assertion against some of their faith- less associates, yet, remembering the dictate of prudence, that governments long established should not be changed for light and transient causes, they forbore a resort to its exercise, until unmbers of the Northern States, State after State, through a series of years, and by studied legislation, had arrayed themselves in open hostility against an acknowledged provision of the Constitution, and had at last succeeded in the election of a President who was the avowed exponent and executioner of their faithless designs against the con- stitutional rights of their Southern sistersrights which had been often adjudicated by the courts, and which were never denied by the Abolitionists themselves but upon the ground that the Constitution itself was void whenever it came in conflict with a higher law, which they could not find among the laws of God, and which depended for its exposition solely upon the elastic consciences of rancorous parti- sans. The Constitution thus broken, and deliberately and persistently repudiated by several of the States who were parties to it, ceased, according to universal law, to be binding on any of the rest, and those States who had been wronged by the breach were justified in using their rights to provide new guards for their future security. 5th. That the reasons which justified the separation when it took place have been vindicated and enhanced in force by the subsequent course of the Government of Mr. Lincolnby his contemptuous rejec- tion of the Confederate commissioners who were sent to Washington before the war to settle all matters of difference without a resort to arms, thus evincing his determination to have war; by his armed occupation of the territory of the Confederate States, and especially by his treacherous attempt to re-enforce his garrisons in their midst, after they had, in pursuance of their right, withdrawn their people and territory from the jurisdiction of his Government, thus rendering war a necessity, and actually inaugurating the present lamentable war; by his official denunciation of the Confederate States as rebel and disloyal States for their rightful withdrawal from their faith- less associate States, whilst no word of censure has ever fallen from him against those faithless States who were truly disloyal to the Union and the Constitution which was the only cement of the Union, and who were the true authors of all the wrong and all the mischief of the separation, thus insulting the innocent by charging upon them the crimes of his own guilty allies; and finally, by his monstrous usurpations of power and undisguised repudiation of the Constitution Page 237 CONFEDERATE AUTHORITIES. 237 and his mocking scheme of securing a republican form of govern- ment to sovereign States by putting nine-tenths of the people under the dominion of one-tenth, who may be abject enough to swear alle- giance to his usurpati& n, thus betraying his design to subvert true constitutional republicanism in the North as well as the South. 6th. That while we regard the present war between these Confed- erate States and the United States as a huge crime, whose beginning and continuance are justly chargeable to the Government of our enemy, yet we do not hesitate to affirm that, if our own Government and the people of both Governments would avoid all participation in the guilt of its continuance, it becomes all of them, on all proper occasions and in all proper waysthe people acting through their State organizations and popular assemblies, and our Government through its appropriate departmentsto use their earnest efforts to put an end to this unnatural, unchristian, and savage work of car- nage and havoc. And to this end we earnestly recommend that our Government, immediately after signal successes of our arms and on other occasions when none can impute its action to alarm instead of a sincere desire for peace, shall make to the Government of our enemy an official offer of peace on the basis of the great principle declared by our common fathers in 1776, accompanied by the distinct expres- sion of a willingness on our part to follow that principle to its true logical consequences by agreeing that any Border State whose prefer- ence for our association may be doubted (doubts having been expressed as to the wishes of the Border States) shall settle the question for her- self by a convention to be elected for that purpose after the with- drawal of all military forces of both sides from her limits. 7th. That we believe this course on the part of our Government would constantly weaken and sooner or later break down the war power of our enemy by showing to his people the justice of our cause, our willingness to make peace on the principles of 1776, and the shoulders on which rests the responsibility for the continuance of the unnatural strife; that it would be hailed by our people and citizen soldiery, who are bearing the brunt of the war, as an assurance that peace will not be unnecessarily delayed nor their sufferings unneces- sarily prolonged, and that it would be regretted by nobody on either side except men whose importance or whose gains would be dimin- ished by peace and men whose ambitious designs would need cover under the ever recurring plea of the necessities of war. 8th. That while the foregoing is an expression of the sentiments of this General Assembly respecting the manner in which peace should be sought, we renew our pledges of the resources and power of this State to the prosecution of the war, defensive on our part, until peace is obtained upon just and honorable terms and until the independence and nationality of the Confederate States is established upon a per- manent and enduring basis. THOS. TIARDEMAN, JR., Speaker House Representatives. L. CARRINGTON, Clerk House Representatives. PETER CONE, President of Senate pro tern. L. H. KENAN, Secretary of Senate. Approved March 19, 1864. JOSEPH E. BROWN, Governor Page 238 238 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 19, 1864. Hon. THOMAS BRAGG, Raleigh, N. C.: SIR: Your acceptance of the office of commissioner under the law suspending the writ of habeas corpus is gratefully appreciated by the Department. It was not presumed the position was desirable, but I was not mistaken in relying on your patriotic zeal to accept it. It is important that the duty should be fulfilled by a citizen of your State enjoying the confidence and influence you so justly command. There will be no incompatibility whatever in your attention to the private or professional matters to which you refer. You can employ the clerks you require to aid you, and the quartermaster at Raleigh will be instructed to furnish the stationery, & c., you may need. Judge Pearson is still, I fear, bent on mischief. It will be hard, however, for him to prevent by construction the plain terms of the law, or to stem alone the changing current of public sentiment and the adverse opinions of his brethren on the bench. He will probably find discre- tion the better policy, and for a time at least, and, I trust, perma- nently, cloak his factious purposes. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 36. Richmond, March 21, 1864. I. Special attention is directed to the Ninetieth Article of War, and paragraph 877, Army Regulations, requiring the proceedings of gen- eral courts-martial, and orders respecting the sentences of such courts, to be transmitted with as much expedition as practicable to the War Department. The observance of these rules, especially in capital cases and trials affecting the commissions of officers, also of para- graph 871 of the regulations, prescribing the manner of Inaking up and securing the court record, is enjoined upon all concerned. II. Every court-martial record, which should be kept distinct and separate in each case, must be indorsed with the name, rank, or description of the party and the court by which he was tried, to which should be added the action of the reviewing officer, confirming or dis- approving the sentence, duly attested by his signature. By order: SAI~OOPER, Adjutant and Inspector General. CIRCULAR BUREAU OF CONSCRIPTION, No. 10. Richmond, March 21, 1864. Beyond the Confederate lines and within the lines of the enemy are many liable to enrollment and military service. You will endeavor to enroll and bring into service all such persons as are within the ages of eighteen and forty-five. Those above forty-five should not be enrolled, the purpose being to leave them at home, where their services are needed, and not to subject them to the risks of becoming prisoners of war. In the immediate neighborhood and in rear of the Confederate Army, where the lines are liable to fluctuation, a careful discretio Page 239 CONFEDERATE AUTHORITIES. 239 may be exercised in extending this exemption to persons of the latter class. By command of Col. John S. Preston, superin(~endent: THOS. GOLDTHWAITE, Acting Assistant A6~jutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 21, 1864. Mr. Joseph W. Tucker is hereby authorized to engage two assist- ants for special service against the enemy. Their operations to be governed by the rules and regulations, to be subject to the restric- tions imposed by, and this authority to be revocable at the pleasure of this Department. The compensation for service to consist of a percentage on the amount of the enemys property destroyed, to be awarded by an officer or officers charged with that duty by this Department, in no case to exceed 50 per centum. JAMES A. SEDDON, Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 21, 1864. Maj. Gen. D. II. MAURY, Commanding, & c., Mobile, Ala.: GENERAL: Among the acts passed by the last Congress there is one to impose regulations upon the foreign commerce of the Confederate States, to provide for the public defense, to which your attention is directed. The President has caused to be published the regulations for the trade by sea and overland to Mexico. The act prohibits the export of cotton, tobacco, naval and military stores, sugar, molasses, and rice, except under the regulations of the President for the Con- federate States. The second section of the act provides that any of the said articles that are laden for exportation beyond the Confederate States, or to any portion of them occupied by the enemy, shall be forfeited, together with the slaves and animals that may be employed or collected for the purpose of aiding therein. The third section prohibits the landing of such articles, except under a permission and the giving of a bond by the~, exporter to convey them to their destination. The fourth section authorizes the collector of the port or district, or such other officer as may be designated by the President, to take into their custody any of the articles before mentioned when there is rea- son to believe they were intended for exportation, or, when in wagons, carts, or other vehicles, they are apparently on their way toward the territories of a foreign nation, or toward the territory of the Con- federate States in the occupation of the United States, or in the vicinity thereof, or toward a place whence such articles are intended to be exported, until bond be given, with sureties, that no violation of the act or of the regulations is designed. The object of the act was to place the commerce in these articles entirely under the control of the Government, that it might secure necessary supplies. There may be an occasion presented of securing supplies that are indispen- sably necessary for the Army. When these supplies can be secure Page 240 240 CORRESPONDENCE, ETC. by the exportation of these articles by land into the country occupied by the enemy the Department supposes that it would be prudent and lawful to do so; but great ~ircumspection is necessary for the execu- tion of any plan of the kind, and all such traffic must be subject to the inspection and control of the department commanders, and should be under the supervision of trustworthy officers, who would under no circumstances abuse it for any personal advantage or to promote speculations by their friends and connections. In all cases sureties should be taken for the fulfillment of the con- tracts, and the delivery of the supplies should be a condition precedent to the allowance of the permission. The permission should be coun- tersigned by the commander and strict scrutiny should be habitually made into the manner of the fulfillment of any such contracts. If at any time it should be discovered that any mischief results the system should be abandoned. No trade is lawful except such as is thus car- ried on, and the directions in the fifth, sixth, and seventh regulations of the overland trade to Mexico are applicable to any such traffic. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretaril of War. (Same to Maj. Gens. George E. Pickett and J. C. Breckinridge, Gen- erals G. T. Beauregard and Joseph E. Johnston, Lient. Gens. L. Polk and J. Longstreet.) CIRCULAR BUREAU OF CONSCRIPTION, No. 11. ~ Richmond, March ~2, 1864. I. When owners, overseers, or managers of such farms or planta- tions as are specially enumerated in the fourth article, tenth section, of the late military bill, or whose services are of more importance as agriculturists than in the Army, who were enrolled during the month of January last, are still in the camps of instruction and have not volunteered, or otherwise have been enlisted, the equity of the act should prevail and their cases be acted on as if the enrollment had never taken place. II. Upon general principles of justice, equity, and necessity the Government is disposed to relieve persons between seventeen and eighteen and forty-five and fifty, members of the Society of Friends, Dunkards, & c. When they are in a condition to be detailed for agricultural pursuits it may be done under the conditions imposed upon other classes of producers. When there are clerical employ- ments or artisan or mechanical labors that they can~erform they may be selected for those objects. Every case, however, should be referred to this Bureau for its action, allowing the parties to remain at their employments until action is taken. By command of Col. John S. Preston, superintendent: THOS. GOLDTIIWAITE, Acting Assistant Adjutant- General. CONFEDERATE STATES OF AMERICA, WAR DEPT., ORDNANCE BUREAU Richmond, March 22, 1864. Hon. JAMES A. SEDDON, Secretary of War:. SIR: On September 15 last Mr. McRae wrote that the whole amount advanced to Major Iluse and others for account of War Departmen Page 241 CONFEDERATE AUTHORITIES. 241 out of the Erlanger loan was 544,976. Mr. McRae asked that war- rants to cover this advance be at once sent to him in order that he might adjust the accounts of. the loan between the War and Treasury Departments. Warrants to the extent of 311,000 were accordingly sent to him and he was advised (November 30, 1863) that no more could be done just then, as the appropriations on this side could not stand any further draft upon them without embarrassing the opera- tions of the bureaus. Other warrants were promised him as soon as our appropriations should be made by Congress, then so soon to assemble. This, however, has not been done. In addition to the above advance of 544,976 it was understood (see your letter of September 26 to Mr. McRae) that 262,500 were yet to accrue to the War Department out of the Erlanger loan. After con- sultation with the chief of the several bureaus this amount was appor- tioned out by you (see your letter of October, 1863, to Mr. McRae) as follows: Quartermasters Department 85, 000 Ordnance Department 55,500 Commissary Department 40,000 Medical Department 30,000 Niter and Mining Department 40,000 Engineer Department 12,000 Total 262,500 It would now seem, however, that these 262,500 were predicated upon the further negotiation of bonds by Messrs. Erlanger & Co. Said negotiation having failed, the funds are not in the hands of Mr. McRae to meet the warrants sent forward by the various bureaus tinder the apportionment. As, however, a deficit of 233,000 of the advance of 544,976 was yet uncovered by warrants, the actual overdraft of the War Department on its proportion of the Erlanger loan is something less than 29,000. But it is to be considered that while the amount actually advanced for the War Department is covered by drafts, such drafts are in favor of bureaus not properly chargeable with the money expended. It appears, further, that under authority from the Quartermaster- General, approved by you, Major Waller, quartermaster at Nassau, has drawn on Mr. McRae for 20,000 at sixty and ninety. Mr. McRae has no funds in hand, but has accepted the drafts, hoping that he may be placed in funds before their maturity with which to duly protect them. These drafts are held by outside parties, but the war- rants in favor of bureaus (above referred to) are in t~e hands of officers and agents of the Government. Since my assignment to general duty, in charge of shipment of cot- ton for the War Department, in August last, the shipments have been as follows: Collie & Department. Ordnance Thor- Private Total stores. burns stores. stores. Ordnance 2,160 960 638 3,758 Quartermasters 129 2,213 2,074 4,416 commissary 58 759 1,558 2,375 Medical 290 361 651 Niter and Mining 1, 152 855 2,007 Engineer 151 151 Total 2,637 5,084 5,637 13,358 16 R R5ERIES IV, VOL II Page 242 242 CORRESPONDENCE, ETC. The credits accruing to the various bureaus from the shipments of cotton have been more than anticipated and expended (as shown by recent letters from Messrs. Fraser, Trenhoim & Co. to the chiefs of bureaus) by the agents of said bureaus. The Medical Department alone has a small credit, and this is more apparent than real, as I am informed that orders more than sufficient to absorb the whole amount were long since sent out. Your letter of September 26, 1863, gave Mr. McRae power to trans- fer from one bureau to another any surplus credits for which it may not have immediate need, but I do not suppose that it is your inten- tion to withhold payment from the creditors of one department to satisfy the claims of those of another. (This is basis of objection made to transfer by F., T. & Co.) I have thought it my duty to inform you of the foregoing facts before preparing for your signature the instructions called for by your indorsement on a late letter of Mr. McRae, which I have the honor herewith to return. Very respectfully, your obedient servant, TIIOS. L. BAYNE, Lieutenant- Colonel. P. S.If the cotton now on hand belonging to the War and Navy Departments is transferred, as recommended by me, to the Treasury Department, the disposition of proceeds Will, under the new regula- tions, be under the control of the Treasury Department and agent of Treasury now abroad. If Mr. Mallory declines to transfer the cotton of his Department, the War Department will, I suppose, be compelled to ship as formerly. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE No. 37. Richmond, 3/larch 22, 1864. I. The attention of medical examining boards is called to paragraph IV, General Orders, No. 34, current series. * Such boards have no power to retire an officer, but will forward the certificate of disability (giving the officer examined a duplicate thereof) and the application, through the Surgeon-General, to the Adjutant and Inspector General, that the certificate of retirement may be issued from this office. No other certificate of retirement will be respected. II. Each officer retired under the provisions of the act will, imme- diately on the receipt of the certificate of retirement as set forth in the preceding paragraph, or as soon thereafter as pi~acticable, commu- nicate to this office the military station or post-office (giving county and State) at which lie may be found. Whenever any permanent change is made in his location he will immediately report such change to this office. III. The certificate of retirement, as provided in paragraph I, will be numbered and forwarded to the officer so retired when he is on duty in the field through the general commanding the army or depart- ment to the regiment or battalion to which the officer may belong. When he is absent from his command it will be forwarded directly to his address at the place where he appeared before the Board of Exam- iners (unless a different direction is requested by the officer) and a notice of the fact will be sent from this office to the commanding general. *See p. 214 Page 243 CONFEDERATE AUTHORITIES. 243 IV. When an officer presents himself for re-examination, in com- pliance with paragraph VII, General Orders, No. 34, it will be the duty of the Board examining to specify on the new medical certificate the number of the certificate of retirement as issued from this office. V. Each officer retired under the act, and not assigned to duty, will report by letter to the Adjutant and Inspector Generals Office monthly, giving his address, as required by paragraph 167, Army Regulations. By order: S. COOPER, Ac~jutant and Inspector General. MOBILE, March 22, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: I have received your letter of March 14 desiring [me] to act as commissioner under the recent act of Congress for the suspension of the writ of habeas corpus in the military department commanded by Major-General Maury, and also desiring me to give cdunsel to the commander of conscripts and the enrolling officers in cases that may arise in which the interposition of that writ may be claimed. I have communicated your letter to General Maury, and notified him that I will be ready to act as called upon. To-day I have received in the Richmond Enquirer a copy of the general orders upon the above-named act of Congress, and now report that my services will be rendered to the best of my ability as they may be required. Very respectfully, your obedient servant, P. HAMILTON. EXECUTIVE DEPARTMENT, Miledgeville, Ga., March 22, 1864. Hon. JAMES A. SEDDON, Secretary of War Confederate States of America: SIR: The General Assembly of the State of Georgia has passed a resolution, a copy of which is herewith transmitted, in which they decline to express any opinion as to the wisdom of the act passed by Congress enrolling such persons as had been enrolled under the State laws, and recommended that I as the Executive interpose no obstacle to its enforcement, and also requesting me to open a corfespondence with you and request you to exonerate from the penalties of said act such persons between the ages of seventeen and eighteen and forty- five and fifty who did not volunteer or enroll within the time specified, supposing their enrollment under the State law to be legal. Having given my views upon this question in my messages to the General Assembly and submitted it to their decision, I yield to their recommendation. An act was passed by the General Assembly of this State, approved December 14, 1863, to reorganize the militia of the State of Georgia, which required the enrollment of all male white residents who were then or who should be of the age of sixteen years, and not over sixty years, for military service, according to the provisions of said act, which enrollment was immediately ordered and made; after which Congress passed an act declaring that from and after the passage o Page 244 244 CORRESPONDENCE, ETC. the same all white men, residents of the Confederate States, between the ages of seventeen and fifty, shall be in the service of the Confed- erate States dnring the war. Under the fifth section of said act it is made the duty of all white residents oi the Confederate States between the ages of seventeen and eighteen and forty-five and fifty to be enrolled within a certain time, and any person who shall fail to enroll himself without a reason- able excuse therefor shall be placed in service in the field for the war. Instead of constituting a reserve for State defense and detail duty, these persons, honestly believing that as both acts required the same State defense, and as they were enrolled by State authority for that purpose, it was legal, failed to enroll themselves in Confederate service, which, I think, is a reasonable excuse therefor. I therefore respectfully request that they be allowed thirty days after notice given to volunteer, organize, and elect their officers. And as it is important that your decision be made known immediately, with your consent I will publish your reply to this letter if you conform to the wish of the General Assembly and grant the privilege requested for the persons now made subject to enrollment. Very respectfully, JOSEPH E. BROWN. [Inclosure.] A RESOLUTION in relation to the recent military act of Congress. The General Assembly do resolve, That this General Assembly, declining to express any opinion as to the wisdom of the act passed by Congress enrolling such persons as had been enrolled under the State law, recommend that His Excellency interpose no obstacle to its enforcement, and the Governor is requested to open a correspondence with the Secretary of War and request him to exonerate from the penalties of said act such persons between the ages of seventeen and eighteen and forty-five and fifty who did not volunteer or enroll within the time specified, supposing their enrollment under the State law legal. PETER CONE President pro tern. of the Senate. L. H. KENAN Secretary of Senate. THOS. HARDEMAN, JR., Speaker House of Representatives. L. CARRINGION, Clerk House of Representatives. Having given my views upon this question in my messages to the General Assembly and submitted it to their decision, I yield to their recommendation. This 22d of March, 1864. JOSEPH E. BROWN, Governor. SECRETARY OF STATES OFFICE, GEORGIA, Milled geville, March 22, 1864. I certify that the above is a true copy of the original resolution now on file in this office. Given under my hand and seal of office. N. C. BARNETT, Secretary of State Page 245 CONFEDERATE AUTHORITIES. 245 [First indorsement.] MARCH 31, 1864. CONSCRIPT BUREAU: Under your regulations no penalty has yet been incurred, has it? Suggest anything you wish included in answer to the Governor. J. A. S., Secretary. [Second indorsement.] BUREAU OF CONSCRIPTION, Richmond, April 2, 1864. Respectfully returned to the Secretary of War. The instructions of this Bureau, under sanction of the Secretary of War, to the commandant of conscripts for Georgia allow until the 1st of May for the enrollment of the classes indicated by Governor Brown. This entirely exonerates these classes from the penalty provided by Congress, and seems to meet Governor Browns recommendation. JNO. S. PRESTON, Colonel and Superintendent. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 23. 1864. General R. E. LEE, Commanding, & c.: GENERAL: The act of the last Congress to impose regulations upon the foreign commerce of the Confederate States provides for an em- bargo upon the exportation of cotton, tobacco, sugar, rice, molasses, and military and naval stores from the Confederacy, except under the regulations of the President. The regulations for export by sea and overland to Mexico have been published. There is another branch of the same trade that the public necessity alone justifies, and which cannot be specially regulated, except by communication with the general commanding the lines on the frontier. The act prohibits exportation into any portion of the Confederate States occupied by the enemy, and authorizes the forfeiture of the articles exported, and the vehicles, teams, and slaves employed in the business. It author- izes the collectors of the districts, and such other officers as may be designated by the President, to take into their custody any of the articles subject to forfeiture, when there is reason to believe they are intended for exportation, or when in vessels, carts, or wagons, or any other carriage or vehicle whatsoever, or in any manner al9parently on their way toward the territories of a foreign nation, or toward the territories of the Confederate States in the occupation of the United States, and not to permit the same to be removed until bond shall be given, with satisfactory sureties, that no violation of this act and the regulations under the same is intended. The third section of the act provides that these articles may be laden under a special permission, and upon taking a bond to secure the delivery of the articles at their destination. It is necessary that this Department shall authorize a trade in these articles with the border counties, and even Maryland, for ordnance supplies, and to obtain subsistence from Northern Virginia, and the Department has placed the subject, so far as regards subsistence and other supplies, except ordnance stores, under the charge of Maj. B. P. Noland. He contracts for articles, takes the bond, and receives thos Page 246 246 CORRESPONDENCE, ETC. that may be imported in return; that is, he superintends the oper- ations. The permissions will all be issned from this Department, and none will be granted except for this object, except in a few cases, for the supply of soldiers families ontside of our lines. A contraband trade in the prohibited articles cannot be permitted for individual advantage, and the dnty of the commander is to prevent the same. The fifth, sixth, and seventh articles of the regniations in respect to the overland trade with Mexico are applicable to persons engaged in the trade elsewhere, and contain directions as to the proper course to be pnrsned by the commander in all such cases. With this statement of the act, the rnles of the Department respect- ing it, and by reference to the regulations in respect to the overland trade with Mexico, so far as applicable to your lines, will enable you to give instructions suitable to the case. The act does not contem- plate any action in respect to imports by the military authorities; but if any illicit trade in prohibited articles is discovered notice should be given. A copy of the Treasury regulations as to such articles is forwarded with this letter. * XTery respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. HEADQUARTERS ARMY OF NORTHERN VIRGINIA, March 23, 1864. Honorable SECRETARY OF WAR, Richmond, Va.: SIR: I have the honor to call your attention to the effect of the act of Congress approved February 17, 1864, amending the law establish ing military courts, which requires that charges shall be referred to said courts and their proceedings reviewed by the army commander, as in the case of general courts-martial. This converts military courts practically into courts-martial and sacrifices the chief benefits that were anticipated from the creation of the former. When I recommended the establishment of military courts, in the autumn of 1862, the inadequacy of the courts-martial to enforce disci- pline in the Army had become apparent to my mind from the experi- ence of the campaign in Northern Virginia and Maryland, which had just closed. The importance of prompt and certain punishment of offenses had been strongly impressed upon me, and as it was impossi- ble to accomplish this object by convening courts-mjmrtial in the midst of active operations, I thought that great good could be attained by having a tribunal to attend the Army to try and punish offenses as they were committed, so as more effectually to restrain them than could be hoped by a trial and punishment after the lapse of a long time and when the immunity of one offender had encouraged many others to follow his example. The same considerations made me look for better results from the military courts when the Army was sta- tionary, as their proceedings, if conducted according to the original plan, could be much more expeditious i~han those of courts-muartial, One of the chief sources of delay in the latter courts was the neces- sity of forwarding all charges to my headquarters for examination before being ordered to trial, and subsequently of reviewing the pro- ceedings of all the courts. Much time was necessarily lost in both these particulars, as the number of cases was so great that they could * See p.206. For Lees reply. see Series I, Vol. Li, Part II, p. 842 Page 247 CONFEDERATE AUTHORiTIES. 247 not always be reviewed as soon as received, without the sacrifice of other and more pressing duties. These difficulties it was thought would be obviated to a great extent by allowing the corps commanders to send their charges directly to the military courts of their respective corps for trial, and to review the proceedings of those courts, and it was found in practice that such was the case. The labor of reviewing was divided among several, and the time necessarily consumed in the transmission of papers was also saved. The act of Congress above referred to has entirely taken away these, which were the chief benefits of the military courts, and restored all the objectionable features of the system of courts-martial. In fact I would prefer the latter, as they do not require the additional trans- portation and subsistence necessary for the military courts. While the army is stationary there is absolutely no difference in point of efficiency between the two courts, and although the military courts might sit while the army is moving, the necessity that the charges to be tried shall first be sent to me to be referred to these courts, and that their proceedings shall be reviewed by me, makes the courts of no practical use during a time of active operations, owing to the impossibility of my discharging these duties under such circumstances, and the great loss of time that must always occur, especially when the troops are separated, as almost always happens. If the corps commanders and commanders of cavalry divisions, each of which will have a court, be authorized to refer charges to the mili- tary courts and review their proceedings, they will continue to prove useful to the Army. If the present law is to continue, they are expensive incumbrances. If you should desire it I will forward to you the outlines of a law which will embody the principal features that experience has shown should characterize the military courts, to be presented to Congress at their next meeting, and I hope their wisdom will see proper to remedy the objections above pointed out in the existing constitution of those tribunals. Very respectfully, your obedient servant, R. E. LEE, General. [First indorsement.] MARCH 26, 1864. Respectfully referred to the President, who may be interested to learn General Lees well-considered opinion of the objections to the recent legislation of Congress relative to military courts and the amendments that are desirable. J. A. SEDDON, Secretary of Thar. [Second indorsement.] APRIL 1, 1864. SECRETARY OF WAR: I do not find in the law referred to anything which requires the commanding general to refer all charges to the military courts. It seems to me to be placed just where the Articles of War, the Regula- tions of the Army, and practice in relation to general courts-martial had before fixed it. The revision of the proceedings by the commanding general is made obligatory wherever it was requisite in the case of a general court-martial. J. D Page 248 248 CORRESPONDENCE, ETC. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 38. Richmond, March 23, 1864. I. The second and third paragraphs of General Orders, No. 8, Adjutant and inspector Generals Office, series of 1862, are hereby revoked. II. With a view to facilitate the organization of citizens of Mary- land into companies, squadrons, battalions, and regiments, in accord- ance with the act to authorize and provide for the organization of the Maryland Line, published in paragraph I, General Orders, No. 8, above referred to, a camp will be established at Staunton, Va., to be called Camp Maryland, and a camp near Hanover Junction, to be called Camp Howard. III. The troops now under the command of Col. Bradley T. Johnson will for the present occupy Camp lloward, and all other Maryland companies, squadrons, and battalions will, upon their written appli- cation, be detached by commanding generals from their present com- mands and ordered to proceed, for the purpose of being organized into regiments, either to Camp Maryland or to Camp Howard, as they may elect. IV. All persons now in service in other than Maryland companies who are, or were at the commencement of the war, native or adopted citizens of Maryland, and who desire to join companies from their own State, will, upon their application in writing, with reliable evi- dence of their citizenship, addressed and sent directly to the com- mandant of Camp Maryland or to the commandant of Camp Howard, be transferred to the Maryland Line, and at their option will either be assigned to Maryland companies now existing, or, provided the number be sufficient, organized into new companies with the privi- lege of electing company officers. And persons now in service in Maryland companies who are citizens of other States will, upon their request in writing, accompanicd by proper evidence of their citizen- ship, be transferred by commanding generals to any company from their own States in the army to which they belong. V. Upon receipt of orders from this office making transfers in accordance with the preceding paragraph commanding generals are directed to forward the men so transferred to the camp designated in charge of commissioned officers, and they will furnish every possible facility for the prompt movement of companies, squadrons, and bat- talions as directed in the third paragraph of this order. VI. All native or adopted citizens of Maryland who are not now in the Confederate service will, upon application to e~her of the com- mandants herein mentioned within the next sixty days, be enlisted into the Maryland Line, and at their option assigned to existing Mary- land companies or organized into the new companies hereinbefore provided for. VII. Major-General Elzey is relieved from the command of the Department of Richmond and assigned to the command of the Mary- land Line. He will for the present take immediate command of Camp Maryland. Col. Bradley T. Johnson will assume command of Camp Howard. They will at once proceed to carry out the purpose of these orders. By order: S. COOPER, Adjutant and inspector General Page 249 CONFEDERATE AUTHORITIES. 249 GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 39. Richnwnd, March 24, 1864. The following act of Congress is published for the information of those interested: AN ACT to authorize the impressment of meat for the use of the Army, under certain circumstances. The Congress of the Confederate States of America do enact, That whenever the President shall declare that the public exigencies render it necessary, impress- ments of meat, for the use of the Army, may be made from any supplies that may exist in the country, under the express condition that just compensation shall be afforded to the owner of the meat taken or impressed, and subject to the fol- lowing restrictions and limitations: SEC. 2. The power to direct such impressments shall be conferred upon the Secretary of War; but he shall not reduce the supplies of any person below one- half of the quantity usually allowed for the support of himself, his family, and dependents for the year. He shall exercise the said power by orders directed to the officers or agents he may employ, who shall have explicit instructions as to the mode of its execution, and injunctions that the same shall not be abused. SEC. 3. That these orders shall direct that a notice shall be given to the owner of the meat needed, his bailee or other agent, declaring the quantity required, the price offered, the existence of a necessity, and whether possession is to be taken of the same immediately, and with whom the risk of the safe-keeping is to be, pending the negotiation, and in what manner the compensation shall be set- tled, in case the offer is not acceptedservice of which notice shall be a condition precedent to any impressment or seizure by the impressing officer. SEC. 4. That upon the service of this notice upon the owner of any meat liable to impressment, the owner shall hold the same subject to the claim of the Con- federate States, and shall be entitled to just compensation, according to the pro- visions of this act; and if the necessity is declared by the impressing officer to be urgent, he shall deliver the possession to the impressing officer upon his demand, who shall give a receipt therefor, as provided in the sixth section of this act. SEC. 5. That for the ascertainment of the quantity of meat liable to impress- ment under this act, and also of just compensation for the same, where the owner and the impressing officer cannot agree, the impressing officer shall appoint one loyal and disinterested citizen of the county, district or parish, in which the meat impressed shall be at the time of impressment, and the owner of the meat so impressed, his agent, or other bailee, shall appoint another, who shall, upon oath, ascertain the quantity liable to impressment, and the value of the same at the date of the notice served upon the party, which oath may be administered by the impressing officer, and which ascertainment of the quantity and value shall be conclusive evidence thereof; and if the assessors cannot agree, they may asso- ciate with them a third person, of like qualifications, to make said assessments. SEC. 6. That whenever an impressment shall be made, under this act, it shall be the duty of the impressing officer to give an official certificate, showiug the quan- tity taken, the company, battalion, regiment or other command, for whose use it is required, the compensation to be paid, the circumstances of necessity that existed, which certificate shall be evidence of a claim against the Confederate States, and shall be promptly paid by the disbursing officer of the, command for which the meat was taken, or by the chief of the bureau having charge of dis- bursements for similar objects. Approved February 17, 1864. I. The necessity for the impressment of Ineat under the above act having arisen, in the opinion of the President, these regulations for the exercise of the power of impressment are made, under the author- ity of the preceding act of Congress, by the Secretary of War. II. The power to make the impressment under this act is conferred upon the commanding generals of departments, and of armies in the field, to be exercised by officers specially designated by them for that purpose, and also upon the chief of the Subsistence Department, and such officers of his Bureau as he may select. III. When any impressment of meat is required, the impressing officer will require a statement of the supplies on hand, the number of persons to be provided for, the length of time for which the provisio Page 250 250 CORRESPONDENCE, ETC. is made, and will, thereupon, if he shall conclude that there is a cause for impressment, proceed to give the notice required by the third sec- tion of this act. IV. The officer making the impressments will in all cases commence by giving a written or printed notice, which shall express all the par- ticulars contained in the section aforesaid, and he will take care not to impress more of the supplies of any owner than the act of Congress permits. V. If any question should arise as to the quantity of the meat in possession of the owner, or whether a reasonable allowance has been made under the conditions of this act, or in reference to the rate of compensation to be paid, the difference will be settled, according to the fifth section of the act. The decisions of the arbitrators appointed under this section will be conclusive upon both the impressing officer and the owner, and the settlement will be made according to the award. VI. A report of all impressments under this act, whether by officers in the field or by officers of the Subsistence Department, will be made to the chief of the Bureau of Subsistence by the officer making it. VII. The attention of officers in the field who may be required to make impressments under this act is particularly directed to the con- ditions of the sixth section, and they are specially directed to conform in all cases to the same. Any deviation from this order will subject the officers concerned to punishment. VIII. No impressment under this or any other order shall be made of milch cows or of the breeding stock of any farm or plantation. By order: S. COOPER, Adjutant and Inspector General. CIRCULAR BUREAU OF CONSCRIPTION, No. 12. Richmond, Va., March 24, 1864. The following is prescribed as the form of the bond required in the second clause, fourth article, tenth section, of the late military bill, and with slight alterations may be adapted to the cases of agricultural details: THE CONFEDERATE STATES OF AMERICA, STATE OF Know all men by these rresents, That we (name of princip~i), of County, in the said State (name of surety), of Count~r, and (name of surety), of ____- County, in the said State, are held and firmly bound unto the Confederate States of America, in the penal sum of (double the estimated value of produce to be delivered, in words, not figures) dollars, to be paid to the said Confederate States of America; for which payment, well and truly to be made and done, we bind ourselves, and each of us, our heirs, executors, and administrators, jointly and severally, firmly, by these presents. Sealed with our seals and dated this day of , in the year of our Lord one thousand eight hundred and sixty-. Whereas, the above bound (name of principal) has applied for the exemption of (himself or name of person exempted) as ( overseer or agriculturalist, as the case may be), under the fourth article of the tenth section of the act of Con- gress, approved 17th February, 1864, entitled An act to organize forces to serve during the war, there being upon the farm or plantation of the said (name of owner of farm), for which exemption is sought (number in words) able-bodied slaves between the ages of sixteen and fifty, wi in he meaning of said act; and which application is to be granted upon the satisfactory execution of this bond Page 251 CONFEDERATE AUTHORITIES. 251 Now the condition of this obligation is such, that if the above bound (name of principal) shall deliver to the duly authorized officer or agent of the Confederate States, at (railroad depot, or other station agreed upon), or at such other place as may be directed by the Secretary of War, or his duly authorized officer or agent, within twelve months from the date hereof (number in words, not figures) pounds of bacon, or, at the election of the Government, its equivalent in pork, and (number in words, not figures) pounds of net beef (said beef to be delivered on foot), to be paid for by the Government at the prices fixed by the commis- sioners of the State, under the impressment act; and shall sell the marketable surplus of provisions and grain now on hand, and which he may raise from year to year while this exemption continues, to the Government or to the families of soldiers, at prices not exceeding the prices fixed by the commissioners of the State, under the impressment act; and shall in all other respects faithfully conform to the requisitions of the said act, under which the said (name of person exempted) is exempted, according to the true intent and meaning thereof (he being entitled to the commutation therein provided, upon compliance with the terms thereof), then this obligation to be void and of no effect, or else to remain in full force and virtue. _______________ [SEAL.] ____ [SEAL. Signed, sealed, and delivered in presence of . [SEAL. By command of Col. John S. Preston, superintendent: THOMAS GOLDTHWAITE, Acting Assistant Adjutant-General. [MARCH 24, 1864.For Watts to Davis, in relation to completion of railroad from Blue Mountain, Ala., to Rome Ga XTol LII, Part II, p. 647.] .~ see Series I~ OFFICE COMMANDANT OF CONSCRIPTS Montgomery, Ala., March 25, 1864. Lient. Gen. LEONIDAS POLK, Gomdg. Department of Mississippi, & c., Demopolis, Ala.: GENERAL: I have the honor of acknowledging the receipt of your communication of the 24th instant, * but regret that I cannot fully agree with you in regard to my duties relative to the supporting force placed under my control by the superintendent of conscription. Though I have perfect confidence in your disposition to advance the wishes of the Governlnent in its every. effort to support and recruit our armies, yet I cannot but think that the withdrawal from the immediate control of the Bureau of Conscription df a force which has been found so indispensable for the past six or eight months in the enforcement of the conscription laws will prove most detrimental to the service. As commandant of conscripts for this State I am charged not only with the enforcement of the conscript laws, but with the d uty of arresting and returning to their commands all stragglers and (leserters. A large portion of this State is in such a condition that the constant presence of an armed force is absolutely necessary to secure even respect. In some portions, even with the force at present engaged in this service, I am unable to overcome the armed resistance presented. In view of these facts, I feel confident it would be impos- ing a tax heavier than you contemplate to render me the assistance necessary for this service. *Not found Page 252 252 CORRESPONDENCE, ETC. I beg leave respectfully to call your attention to the fact that whilst Brigadier-General Pillow was charged with these duties, under the direction of General Johnston, in the Department of Tennessee, Ala- bama, and Mississippi, he was unable to suppress desertion and dis- affection by such details as Generals Johnston and Bragg were then able to afford him, and that upon repeated applications, approved by General Bragg, the Honorable Secretary of War was at last induced to allow the organization of a sufficient number of companies which you now desire to perform this duty. rJ7his power was left discretion- ary with Brigadier-General Pillow so far as the number of companies was concerned. Under the discretionary power so granted, Brigadier- General Pillow raised over twenty companies in this State as a sup- porting force to his system of conscription. When this force was organized little less Than a reign of terror existed in a large portion of Alabama. The operations of this force and the inclemency of the past winter have for a time produced comparative quiet and confi- dence and greatly reduced the number of deserters and recusants. It is reasonable to expect that during this spring and coming summer the number of deserters will increase, and an ample supporting force will be indispensably necessary. Under present regulations the Bureau of Conscription is charged with the duty of returning all absentees and deserters from the Army. Monthly reports of such are rendered by the various regiments in the field to the Bureau of Conscription and the War Department, and veteran soldiers in the field look to the Bureau of Conscription to return those who have deserted the post of duty. Brigadier-General Pillow having been ordered to the field, and the entire control of this service having been transferred to Colonel Preston, he directed me when in Richmond recently to inspect and report upon the condition of the supporting force organized by Brigadier-General Pillow, stating that he did not believe that it would be necessary to retain all that Brigadier-General Pillow had organized under discretionary power, but that so little was known of the condition and material of which these companies were composed that no order could be made relieving them until inspected and reported upon. On my arrival at this place, on my return from Richmond, Brigadier-General Pillow showed me a letter from the Honorable Secretary of War authorizing him to organize for field service such companies of the supporting force as Colonel Preston should turn over to him, after all parties liable to conscrip- tion should have beeii taken out. Brigadier-General Pillow insisted that I should at once turn over to him all but seven companies. This I was not authorized to do, but believing that f~rigadier-General Pillow had retained whilst superintendent of conscription more com- panies than were actually necessary, and being anxious to contribute whatever I could consistently with orders to secure him a command in the field, I telegraphed Colonel Preston for authority to turn over at once such companies of the supporting force as I did not need. This authority was granted by telegram, leaving me, of course, responsible for any error that might be committed by turning over too many coin- panies, or by turning over companies out of which the conscripts had not been taken. Under that authority I turned over to Brigadier- General Pillow what purported to be thirteen companies out of twenty- five reported to me. This is as low as I feel that I could safely reduce the force under the power granted me by Colonel Preston, unless he were to direct otherwise. I regret that Brigadier-General Pillow seems to think that I am not disposed to assist him in obtaining Page 253 CONFEDERATE AUTHORITIES. 253 command in the field, and I regret that anything should occur at this time to embarrass Colonel Prestons system of conscription, but I rely with confidence upon your sound judgment, and upon the promises you have so kindly made that you will furnish whatever assistance may be required for this service, and thank you iiiost heartily for your expressions of confidence made known to Major Thompson in his interview and communicated to me by him. A copy of this corre- spondence will be forwarded to Colonel Preston by next mail, asking instructions. I am, general, very respectfully and truly, your friend and obedient servant, H. C. LOCKHART, Lieutenant- Colonel and Commandant for Alabama. [MARCH 26, 1864.For Magruder to Smith, inclosing correspondence with the Governor of Texas in reference to State troops, see Series I, Vol. XXXIV, Part II, p. 1087.] HEADQUARTERS ARMY OF NORTHERN VIRGINIA, March 26, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond: SIR: I have the honor to suggest that in my opinion a plan might be adopted which would sensibly lessen the issue of Confederate money without doing injustice to the rights of any one. Since I have had the command of this army large amounts have been paid to citizens for articles consumed or destroyed by the troops, or for damages of different kinds. These payments have all been made in money, although much of the property paid for was such as the owner would probably never have sold, or at any rate not for a long time. In the situation in which we are placed it is probably necessary to give every inducement we can to the people to sell us what we require, and we cannot avoid paying them in the way that they prefer. But such need not be the case with reference to such things as wood for fuel, taken by the troops. The wood they use is not generally a source of income or revenue to the owner, nor in most cases, if it were not burned by them, would it be cut for many years. It contributes to the value of the real estate, but can hardly be regarded a~ personalty. There is no reason why it should be paid for in money, as the owner would be equally well off if paid in bonds or certificates of indebted- ness, to constitute the foundation of a claim hereafter. I respectfully recomulend that this plan be adopted, and that it be extended to all claims resting upon the same grounds. When prop- erty usually sold in market or in the ordinary business of the owner is taken or destroyed there may be some equity in his claim to be paid in current money; so in those cases where property is destroyed that must be restored, such as fences, houses, & c. But in all other cases a great deal of money might be saved by giving bonds or certifi- cates. If this cannot be done to the whole amount of the claim, part at least might be thus settled. As I take it to be desirable to make the issue of the new currency as slow as possible, I respectfully suggest that action in this matte Page 254 254 CORRESPONDENCE, ETC. be taken at once. In many cases persons have received more for wood used by the troops, and which but for such use would now be standing, than was originally paid for the laud itself. It is evident that if all the property of this kind is to be converted into currency the volume of it must be greatly augmented. Very respectfully, your obedient servant, R. E. LEE, General. [MARCH 26, 1864.For Davis to Vance, in relation to the business of blockade running, see Series I, Vol. LI, Part II, p. 841.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 28~ 1864. General R. k. LEE: GENERAL: I have the honor to acknowledge your letter calling my attention to the serious inconveniencies resulting from the recent legislation of Congress respecting the military courts. * I concur fully with your views, and my recommendations for the action of Congress were of an opposite tendency and sought to give greater facilities for their action and to relieve both the commanding general and the President from the burden of reviewing the cases decided. I was not consulted in reference to the act passed, and I think it very probable some misapprehension existed in consequence of an impression prevailing (correctly, I believe) that the President considered it incumbent under the Articles of War that the records should be reviewed by the commanding general. I will take pleas- ure in calling the matter to the notice of Congress at its next session, and will endeavor to procure such legislation as will conform to your views, and while adding to the efficiency of the military courts yet lighten the labors now injudiciously cast on you and other command- ers in the field. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. [MARCH 28, 1864.For Smith to Davis, in relation to the intentions of Governor Murrah with reference to the Texas tr6ops, see Series I, Vol. XXXIV, Part II, p. 1095.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 29, 1864. General R. E. LEE, Commanding Army of Northern Virginia: GENERAL: I have the honor to acknowledge your letter of the 26th instant and to express my obligation for the counsel you sug- gest in regard to the use of certificates of indebtedness. My own judgment fully approves the policy you recommend, and it was owing in some measure to suggestions and urgency on my part that there See p. 246 Page 255 CONFEDERATE AUTHORITIES. 255 was made in the recent currency bill a provision for the issue and use of certificates of indebtedness. These certificates have been made, by the provision allowing 6 per cent. interest and exemption from taxation, so tempting in comparison with other Confederate issues that it is hoped with confidence they will be received in pay- inent not only of such claims as you more specially refer to, but like- wise in part on general purchases through preference, or at least without objection, by the people. They will, so used, greatly dimin- ish the volume of the currency it will be necessary to issue, and every effort shall be made by the Department to make them as available to this end as possible. No one can be more thoroughly satisfied, or perhaps none has better opportunities to feel the necessity of reducing our redundant currency and of maintaining it at some fixed reason- able standard. It is very (lifficult to correct the excesses to which we have been incautiously led in the issue of notes circulating as money, but I am hopeful, with the perception of the evil that now prevails, both with the people and their representatives, there will be a steady reduction of the notes issued to the reasonable amount required for circulation, and an inflexible determination to maintain the circula- tion steady. In my opinion almost any sacrifice ought to be made to obtain credits requisite to carry on the war rather than to recur to the most expensive and mischievous of all modesthe issue of a redundamit currency. To aid I shall endeavor to obtain supplies from abroad, and even through our lines by an exchange of our products. Even in our own limits I expect to introduce and rely upon to a considerable extent a system of barter. I am happy to think in all this I shall have, as I infer from your letter, your approval and co-operation. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. [MARCH 29, 1864.For Lee to Seddon, in relation to the subject of exportation, with copy of general orders for the guidance of the army, see Series I, Vol. LI, Part II, p. 842.] GENERAL ORDERS, ADJT. AND INS?. GENERALS OFFICE, No. 40. Richmond, March 29, 1864. I. The enlistment of deserters is a serious evil in the service. The attention of the Army is therefore directed to the Twenty-second Article of War, which provides that no non-commissioned officer or soldier shall enlist himself in any other regiment, troop, or com- pany without a regular discharge from the regiment, troop, or com- pany in which he last served, on the penalty of being reported a deserter and suffering accordingly; and in case any officer shall knowingly receive and entertain such non-commissioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him, and give notice thereof to the corps in which he last served, the said officer shall by a court-martial be cashiered. II. A strict observance of this law, and the arrest and trial of all who violate its injunctions, are required. By order: S. COOPER, Adjutant and Inspector General Page 256 256 CORRESPONDENCE, ETC. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., March 29, 1864. His Excellency WILLIAM SMITh, Governor of Virginia: SIR: Your letter of the 22d instant,* in regard to the State force in the city of Richmond, has been referred to the Conscript Bureau with this indorsement: The men in these militia organizations come, in my judgment, under the liabilities to military service declared by the act of the Confederate Congress. They are none of them troops of war kept by a State in time of war in the contemplation of the Constitution. Being thus liable, those capable of active service in the field between the ages of eighteen and forty-five must be at once conscribed and devoted to the old organizations, either by their own selection or by assignment. Those who would belong to the reserve forces, being already in organizations similar in a great degree (though under State authority) to those contemplated for the reserve, and by their union with others not liable to conscription, holding perhaps together a larger local force than might otherwise collect, need not at once be called into Confederate service, but may be allowed to remain as they are until further orders. The claim to them cannot be sur- rendered, but the contingencies of the future must determine whether they may not be more usefully employed in their present organizations than in new reserve companies for Confederate service. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. RALEIGH, March 29, 1864. Hon. JAMES A. 5EDDON, Secretatry of War: SIR: I received the inclosed letter t from Mr. Boyden to-day. Mr. B. resides in Salisbury, but you will see that the letter was written from the residence of C. I. Pierson. I have written Mr. B. in reply that he misinterpreted my letter in supposing that all persons who had sued out writs prior to the orders from your Department of the 10th instant were to be put upon the same footing as those who were dis- charged at Salisbury. In the latter cases the ordinary return was made that the parties were held for military duty. In the cases referred to by Mr. Boyden the returns were under the orders of Colonel Mal- lett, he having received orders before yours of the 10th instant from the Conscript Bureau. Mr. B. states the returns and says that a motion will be made to discharge the parties upon tjie ground of the insufficiency of the returnsI presume for the reason that they do not correspond with the orders of the 10th. I have explained to Mr. B. the whole matter and said to him that I had neither power nor incli- nation to interfere further, and also that I did not believe the general would regard any discharge granted in any such case. How many cases there are of this kind I know not. There were some 115 or 120 of the Salisbury cases. I received your last letter. Am I to receive any commission as commissioner, or any other instructions than those embraced in the order of the 10th of March, 1864? Very respectfully, THS. BRAGG. * Not found. Omitted Page 257 CONFEDERATE AUTHORITIES. 257 [MARCH 30, 1864.For Smith to Martin, calling out State troops to report at Marshall, Tex., see Series I, Vol. XXXIV, Part II, p. 1099.11 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., 1IJiarch 80, 1864. W. N. ESTELLE, Esq., Mobile, Ala.: SIR: You will find herewith inclosed the orders relative to the sus- pension of the writ of habeas corpus with the act on that subject. * The Department desires that you will undertake the charge of com- missioner for carrying into effect the act and orders under it in the State of Mississippi. The orders sufficiently express the duties you have to perform. You are also requested to afford counsel to the commander of conscripts and the enrolling officers in cases that may arise in which the interposition of that writ may be claimed. You are authorized to detail one or more assistants from the class between forty-five and fifty, or to designate some gentlemen above that age to aid you if the duties become too onerous for your personal attention. Congress failed to make an appropriation to carry into effect this act, but will doubtless do so at its next meeting in May. You will keep an accurate account of the expenses and send it to this Depart- ment previous to the meeting of Congress. A reasonable and proper compensation will be allowed to you for the duties you may be required to perform. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. (Same to J. M. Forbes, Saltville, Va., appointed commissioner for State of Virginia, and to Alexander R. Boteler, Richmond, Va.) CIR CONFEDERATE STATES OF AMERICA, CULAR~ WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No.13.) Richmond, Va., March 81, 1864. Commandants of conscripts will forthwith proceed, in compliance with General Orders, No. 33, Adjutant and Inspector Generals Office, current series, rapidly to enroll all persons between the ages of seven- teen and eighteen and forty-five and fifty years, allowing them until the 1st day of May next to join any company for local defense which has been formed under General Orders, No. 86, Adjutant and Inspector Generals Office, last series, for the war, or- any other company for local defense which has been accepted into the service and which by the terms of its enlistment is liable to service anywhere within the State, or to form themselves into voluntary organizations of compa- nies, battalions, or regiments, and elect their own company officers in conformity with existing law, as provided in the sixth section of the act of Congress to organize forces to serve during the war, published in General Orders, No. 26, Adjutant and Inspector Generals Office, current series. Those who do not before the 1st day of May next *See General Orders, No. 31, March 10, p. 203. 17 R RSERIES Iv, VOL II Page 258 258 CORRESPONDENCE, ETC. volunteer or organize themselves into companies will be formed into companies, battalions, and regiments under regulations to be pre- scribed therefor. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. C. S. QUARTERMASTERS DEPT., RAILROAD BUREAU, Richmond, March 31, 1864. Brig. Gen. A. R. LAWTON, Quartermaster- General: GENERAL: The necessity of more rapid communication with Wil- mington has long been felt, but has failed of accomplishment from a want of harmony with the railroad officers. I am satisfied that we can expect no lasting improvement until the three roads between this city and that are under one management and worked as one corpora- tion. I am also satisfied that this can never be done if the wishes of the present officers are consulted. Three presidents and as many superintendents will be sure to find reasons why no good could result from such an arrangement. I would therefore recommend that the six officers of these roads above named be convened and the wishes of Government be unfolded to them, at the same time assuring them that the temporary amalgamation was a military necessity and must be complied with. The terms should be liberal, as the end, if attained, is beyond price. If the Government would take the roads with all rolling-stock, shops, machinery, tools, & c., just as they stand, and agree to pay an annual interest of 12-i- per cent. until the war closes, and then to replace the roads, & c., in as good condition as received, there would be no reasonable objection to turning them over to the Government. It is not an object to stickle about terms if the companies can be brought to agree to it; and so important do I consider the arrangement that I urge it upon your consideration even to the extent of an impressment. I am, general, very respectfully, & c., F. W. SIMS, Lieutenant- Colonel, & c. [Indorsement.] APRIL 1, 1864. As this proposition involves the exercise of large powers, and may involve very heavy expenditures on the part of the ~overnment, it is respectfully submitted to the Secretary of War for his sanction. A. R. LAWTON, Quartermaster- General. [MARCH 31, 1864.For Smith and Magruder to Murrah, urging, in view of the situation, that every armed man be put into the field, and referring to the demoralization caused by the action of the State authorites, see Series I, Vol. XXXIV, Part II, p. 1103.] [MARCH 31, 1864.For Polk to Seddon, in relation to the oper- ations of the Bureau of Conscription in the Department of Alabama, Mississippi, and East Loiiisiana, with indorsements, see Series I, Vol. XXXII, Part III, pp. 723726. Page 259 CONFEDERATE AUTHORITIES. 259 GUYTON, GA., March 31, 1864. us Excellency President DAVIS: DEAR SIR: I trust you will pardon the liberty I take in calling your attention to the above extract * from the Savannah Morning News. You here see an act of great injustice about to be perpetrated on our brave soldiers in the field. Nine-tenths of the militia officers of Georgia are between the ages of eighteen and forty-five, and thus, under Governor Browns protection, they will escape all military service. The idea of keeping up such a militia organization is sim- ply absurd. Their commands will consist of boys from sixteen to seventeen, and of men between fifty and sixty, who had no voice in the election of said officers, and who would much prefer men from among their own number. There are few of the people of Georgia, men and women, who do not, after God, place all their trust in you, and confidently look to you to interpose your authority to stop this outrageous wrong. All between the ages of seventeen and fifty should, as by law they are required to do, immediately take their places in the ranks, and particularly these same unpatriotic militia officers. Relying on your sense of justice, I trust you will give the foregoing lines your attentive perusal. With the assurance that you and yours are daily commended to the care, protection, and guidance of our Heavenly Parent, and sympa- thizing deeply with you in your many cares and perplexities, I remain, your obedient servant, J. C. MATHER. [First indorseinent.] Respectfully referred, by ~lfrection of the President, to the super- intendent of the Bureau of Conscription for attention. BURTON N. HARRISON, Private Secretary. [Second indorsement.] BUREAU OF CONSCRIPTION, Richmond, April 13, 1864. Respectfully referred to the commandant of Georgia for attention. By order of Colonel Preston: THOMAS PINCKNEY, Acting Assistant Adjutant- General. [Third indorsement.] HEADQUARTERS CONSCRIPTION, Macon, Ga., April 30, 1864. Respectfully referred to Major Rowland for attention. WM. M. BROWNE, Colonel and Commandant. [Fourth indorsement.] HEADQUARTERS CAMP COOPER, Macon, Ga., May 3, 1864. Respectfully forwarded to Colonel Browne. The statement made in the extract appended to the within letter is no doubt true. Many men between eighteen and forty-five have been * Inserted as an inclosure, fol]owing Page 260 260 CORRESPONDENCE, ETC. elected under the militia law of Georgia recently, and received com- missions from the Governor. No method is known by which such men can be properly sent to the field, they being nnderstood to be exempt therefrom by the recent proclamation of Governor Brown, as necessary to the militia service of the State. For the commandant: R. S. LANIER, Lieutenant and Acting Adjutant. [Fifth indorsement.] HEADQUARTERS CONSCRIPTION SERVICE, Jlifacon, Ga., June 6, 1864. Respectfully forwarded to Col. John S. Preston, superintendent Burean of Conscription. There can be no doubl7 of the truth of the statement of the within letter or of the justice of the writers appreciation of the facts. As far as I can learn, almost all the militia and civil officers exempted by the Governor of Georgia as necessary to the State Government are between the agesof eighteen and fifty and fit for field service. District and sub-engineer officers have been directed to obtain and furnish these headquarters accurate information as to the number of officers in their respective districts and counties thus exempt, together with their ages and date of appointment or election, which will give a precise exhibit of the extent to which these wholesale exemptions have affected the effective strength of the Army. WM. M. BROWNE, Colonel and Commandant. [Inclosure.] THE STATE MILITIA. The Legislature at its extra session having transferred all between the ages of seventeen and fifty to the Confederate Government, the Milledgeville Union says Governor Brown immediately sent a copy of the resolutions to the Secretary of War and requested him to permit the militia so transferred to volunteer and elect their own officers. So soon as the reply of the Secretary of War is received the decision will be made public. It is proper here to remark, says the Union, that the transfer of those between seventeen and fifty does not disb~nd the militia organization of the State. The newly elected militia officers will retain command of the reserved militia between sixteen and seventeen and between fifty and sixty, together with such exempts from Con- federate service as are not exempts from State militia duty. The reserved will remain a complete organization for police purposes and for the suppression of servile insurrection or internal troubles in the counties of their locality. [MARCH 31, 1864.For Davis to Vance, in relation to affairs in North Carolina (military and civil appointments, & c.), see Series I, Vol. LI, Part II, p. 844. Page 261 CONFEDERATE AUTHORITIES. 261 CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., April 1, 1864. General R. E. LEE, Commanding, & c.: GENERAL: Your letter of the 29th ultimo has been received. * The draft of the orders proposed to be issued by you has been considered and the orders are approved. The only question is whether, if they should be discovered by the enemy, their attention to the trade we propose to carry on might not be awakened. But the probability is that the trade itself and not the orders will come to their knowledge most readily. It is of importance that no obstruction should be opposed by the pickets to the persons engaged in the trade, and that those concerned should be facilitated and protected as much as pos- sible. The expectation of the Department is to press it to the fullest extent that it may be found practicable. The regulation of the import trade was excluded from the act of Congress purposely. The difficulty of subjecting it to military inspection and regulation has been discovered by experience, and it was thought that any effort to control it by military authority might be productive of mischief. Persons bringing imports can be required to report to the custom- house, and this, perhaps, will be sufficient. A list of the prohibited articles will be found in the paper inclosed. ~ In case of the seizure of any articles of the kind, the articles seized should be sent to a receiving officer or to the marshal of the district. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. [APRIL 1, 1864.For Lee to Cooper, in relation to disbanding par- tisan rangers, see Series I, Vol. XXXIII, p. 1252.] [APRIL 1, 1864.For Polk to Clark, in relation to the transfer of Mississippi State troops to the Confederate service, see Series I, Vol. XXXII, Part III, p. 730.] CONFEDERATE STATES OF AMERICA, SUBSIST. DEPT., OFFICE OF CHIEF COMMISSARY FOR ViRGINIA, Richmond, Va., April 1, 1864. Hon. JAMES A. SEDDON, Secretary of War, Richmond: SIR: The plan adopted by Judge Campbell for regulating the export of cotton and tobacco through our lines along the Rappahannock and Potomac border is to require the bond to be taken and the permits indorsed by me to some local officer, who indorses them with the length of time for which they can be used. He has so informed General Lee, and asked the prohibition of all trade not authorized by such permits. On the North Carolina and Tennessee border, where a heavy trade is going on, the permits cannot readily be granted *See Series I, Vol. LI, Part II, p. 842. t Not found as an inclosure Page 262 262 CORRESPONDENCE, ETC. by the War Department, and I would, therefore, respectfully suggest that all permits for trade in those sections be granted by the general commanding, who shall reqnire them before being valid to be indorsed by the chief commissary of the State or district, or some officer specially charged by the chief or district commissary with the control of that business. On the North Carolina border General Pickett could grant the permit, and Maj. R. Tannahill, the chief district commissary, should indorse it, and in the Southwest General Breck- inridges permits should be indorsed by Maj. Joseph Cloyd, the chief district commissary. Agents for railroad companies are now at work in North Carolina with permits from General Whiting, exchanging cotton for bacon, pound for pound, while our agents are exchanging two and three pounds of bacon for one of cotton. The trade should be under the control of designated officers, and thus uniformity and regularity could be attained and fraud and speculation prevented. I am, respectfully, your obedient servant, B. P. NOLAND, Major and Chief Commissary of Subsistence for Virginia. [Thdorsemeut.] APRIL 4, 1864. AssIsTANT SECRETARY: If your judgment approves, will you give the requisite instructions? If not, I should be pleased to have the benefit of your counsels. I am inclined to make the modification of requiring the permit from the commissary and the approval by the general rather than as suggested. J. A. S., Secretary. Circular list. COLUMBUS, MIss., April 1, 1864. The undersigned, commissioners for the State of Mississippi under the act of Congress regulating impressments, establish the prices fol- lowing, to be paid from this date by the Government until further notice, for property impressed or taken for the public use in the hands of any person other than the persons who have raised, grown, or produced the same, or persons holding the, same ~or their own use or consumption, in the following districts: First District: Composed of the counties of Carroll, Chickasaw, Choctaw, Holmes, Issaquena, Kemper, Lowndes, Monroe, Noxubee, Oktibbeha, Sunflower, Tallahatchie, Yalobusha, and Yazoo. Second District: Composed of the counties of Amite, Attala, Boli- var, Clarke, Claiborne, Coahoma, Copiah, Franklin, Jasper, Jefferson, Lauderdale, Lawrence, Leake, Marion, Neshoba, Newton, Pike, Rankin, Scott, Smith, Tunica, Wayne, Wilkinson, Winston, and Washington. Third District: Composed of the counties of Calhoun, De Soto, Ita- wamba, Lafayette, Madison, Marshall, Panola, and Pontotoc. Fourth District: Composed of the counties of Adams, Covington, Greene, Hancock, Harrison, Hinds, Jackson, Jones, Perry, Simpson, Tippah, Tishomingo, and Warren Page 263 CONFEDERATE AUTHORITIES. 263 0000000~0~kf~00~000000000 00000 0U~ 00000 00000~0t-ii~~00C~000000000 000~0 ~ .00000 OC c~hr~o6 C~C~5 ~c~i 000 0 0 0 0 0 0 0 0 0 Page 264 264 0 0 CORRESPONDENCE, ETC. 000000000000000000000000000000000000000000 001-000001-0001-1-01-000000000000001-0001-0000000 0 0 00000000000t- 0 000 000000000000000000000000000000000000000000 001-000001-0001-1-01-000000000000001-0001-0000000 ~ 000 OOOOo OOOOOO~0OO o 0 00000001- o 000 H 000000000000000000000000000000000000000000 001-000001-0001-1-01-000000000000001-0001-0000000 0 0 ~Co 0 0 oooooooooool o.-~ 000 071 000000000000000000000000000000000000000000 0 0 10 0 0 00 1 00 0 110 10 0 0 0 0 0 00 0 0 0 0 0 0 1000 10 0 0 0 0 0 0 0 0 000000000001- CO.~ 000 0- .-~ 1-01-0000~0H 0~0 . ~::::: 0 0 o:. -~ ~ ~:~~:: o: . ~ 00~000~00000 OOO00OO~000C~0O000 ~0o0 00 00~003 0 ~0 0 . Cl ~ .0... o ... ~ ~ ~ 0 ~ ~ :~s-:~: 0 ~ : :0 o~0~ :.o~::: :~ 00.0.00 ~:~: :~0 . .o.~w . ~o 0O.~ ~ % ~ cC cC~ 0c~.0 0.0... ~ :z~~ :-~ :o: ~ :~ 0W 00 . .~ 0cC ~C0 IcC0 cC cCO Cl . ..ooo ~ 000 :~o~ QOQ00 : ~ 0.~ ,~ .~03 V03Cl0Cl03~ 0 c~ o~00~ClCl-~o03.003.Cl ~ .~ ~ ~ ~ .03 c~c~ 0~:::cc3~.::~::. 0~0~Cl~:::.~0.o::;;::;;..o .0 . 0.. ~c bL cC 0 0 0 cC ~cC 00 00 0 H ~-1~ ~ 0 +1 0 0 0 cc 03 0 03 0 0 V 0 cc 03 03 0 03 0 V C Page 265 CONFEDERATE AUTHORITIES. 265 0000000000000000000000000000000000000000000000000 0 t- 000 CO 0000000000000000000 t- 00000 L- 000000000000000000 c~O~Cr3csi ~e5-~- 0 0 0 000I~-C-4 0000000000000000000000000000000000000000000000000 0 t- 000000000000000000000000 t- 00000 t- 00000000000000000 ooo~c4 -~A 0 ~ 0 0 0 000t-0 0000000000000000000000000000000000000000000000000 0 t- 000000000000000000000001-000001-00000000000000000 0 0 0 0001-0 0000000000000000000000000000000000000000000000000 01-000000000000000000000001-000001-00000000000000000 ~C~Oi c~ 00000 000000~00 0 0 0 0 0 0001-0 000 Page 266 266 CORRESPONDENCE, ETC. Rates of transportation. Hauling, per hundred per mile - $ .05 Hire of 2-horse team, wagon, and driver: Rations furnished by the owner pei day 7.00 Rations furnished by the Government do 6.00 Hire of 4-horse team, wagon, and dnver: Rations furnished by the owner do 10.00 Rations furnished by the Government - - - - do .. - 8.00 Hire of 6-horse team, wagon, and driver: Rations furnished by the owner do 12.00 Rations furnished by the Government do 10.00 Hire of laborer: Rations furnished by the owner do 1.50 Rations furnished by the Government do 1.00 Rations furnished by the Government per montL 25.00 The foregoing are the maximum prices to be paid wherever pur- chased or impressed, the Government paying for transportation. The undersigned deem it proper to state that the foregoing are the prices at which alone Government agents can, without a violation of law, impress private property, aiid for the information of all con- cerned that section of the impressment act which prescribes the pains and penalties incurred by a violatioii of its provisions is hereto appended: SEc. XI. That any commissioned or non-commissioned officer or private who shall violate the provisions of this act shall be tried before the military court of the corps to which he is attached, on complaint made by the owner or other per- sons; and on conviction, if an officer, he shall be cashiered and put into the ranks as a private; and if a non-commissioned officer or private, he shall suffer such punishment not inconsistent with military law as the court may direct. The undersigned can be addressed at Brooksville, Mobile and Ohio Railroad, Noxubee County, Miss. JNO. J. MCRAE, G. D. MOORE, Commissioners. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., April ~, 1864. Lient. Gen. L. POLK, Commanding, Demopolis, Ala.: GENERAL: The Bureau of Subsistence has a confidential contract with Mr. William J. Stoddard, of Alabama, for getting meat from the north side of the Tennessee River into our lines. M~. Stoddard writes that he has already a permit for 20,000 pounds of bacon, and says his agent thinks he can obtain a large amount provided he (Stoddard) can protect a steam-boat to bring it up the Tennessee River, but that he has no authority to protect his boat. Mr. Stoddard will be instructed to see you and lay his contract before you. I am not pre- pared to recommend protection to a boat on the Tennessee unless laden with a much larger amount of subsistence or other stores for the Government or without ample assurance of the loyalty of the cap- tain and parties controlling it. You will, however, be better prepared to judge whether any and what protection should be allowed, and the matter is submitted with confidence to your discretion and superior knowledge of the circumstances. Very respectfully, yours, JAMES A. SEDDON, Secretary of War Page 267 CONFEDERATE AUTHORITIES. 267 CONFEDERATE STATES OF A1~iERIcA, WAR DEPARTMENT, Richmond, Va., April 2, 1864. PETER HAMILTON, Esq., Jlliobile, Ala.: There will be no objection to your detail of any person to assist you in the performance of the duties of commissioner under Orders No. 31 who may not be liable to service in the field. An exempt from disability or other cause may be detailed, but the Department desires that the details shall not exceed the exact necessity for serv- ice. Several cases of hardship and injustice arising from arrests in the Department of Alabama have been reported to this Department, and lately a Mrs. Knox was sent to Richmond without any charges being sent or cause assigned for such a proceeding. The Department expects of you to examine all such persons and that your direction to discharge a person under arrest shall be sufficient. If there be a reasonable cause for arrest or detention you will perform what is required by Orders No. 31. There is not the slightest disposition upon the part of this Depart- ment to use the power conferred by the act of Congress for the arrest of parties except to maintain the efficient execution of the acts of Congress for the organization of the Army and to protect the country from the invidious operations of the enemy. It desires that a candid investigation shall take place in all cases, and that justice be awarded to all persons charged with offense in any form. It desires that the administration under this law shall be such as to vindicate those who made it under the extraordinary circumstances of the time for having intrusted the powers it confers with this Department. Very respectfully, your obedient servant, J. A. CAMPBELL, Assistant Secretary of War. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., April 2, 1864. Hon. THOMAS BRAGG, Raleigh, N. C.: Your letter of the 29th ultiino has been received. It is not sup- posed any commission is necessary to enable you to perform the duties imposed upon you under the letter of appointment already in your possession. The Department has not issued any instructions other than those contained in General Orders, No. 31, of the 10th of March, ultimo. It desires that as little obstruction be made to the operations of the civil tribunals as is compatible with the execution of the acts of Con- gress relative to the organization of the Army. When a case is pre- sented in which there is a reasonable claim for relief from the service under the law, and when there is a bona fide effort to testthe validity of the claim, the Department has no desire to prevent the litigation of such a claim. Its object is to employ the power given by the act to prevent those who desire to evade the service from availing them- selves of the crude opinions and injurious efforts of some judges who seem to have come to the conclusion that by diminishing the Army and obstructing the authority of Congress they are performing a pub- lic duty. The Department desires that all cases in which person Page 268 268 CORRESPONDENCE, ETC. have been or may be arrested shall be examined under your direc- tions, and that none shall be retained in custody against whom there is not a valid cause for arrest and detention. That in the cases in which the courts can render adequate security the parties charged shall be placed at their disposition and control, and that no person shall be retained in the military custody whose conduct has not fairly warranted such a detention. These cases are comparatively few, and when they are discovered a report should be made of the facts and the evidence to the Department as is provided for by General Orders, No. 31. Very respectfully, your obedient servant, JAMES A. SEDDON, Secretary of War. [APRIL 2, 1864.For Magruder to Murrah, in regard to organizing Texas State troops and the enforcement of the conscript law, see Series I, Vol. XXXIV, Part III, p. 739.] [APRIL 2, 1864.For Magruder to Nichols, in regard to the failure of the Governor of Texas to organize the State troops or to execute the conscript law, see Series I, Vol. XXXIV, Part III, p. 726.] SPECIAL ORDERS, ~ ADJT. AND INSP. GENERALS OFFICE, No. 79. Richmond, April 4, 1864. * * * * * * XXXIII. Col. Robert H. Chilton, senior assistant adjutant-general of the Army, is hereby assigned to duty in the Bureau of the Adjutant and Inspector Generals Department, and will be charged with the superintendence of the inspecting branch of that department. This assignment to take effect from the 1st instant. * * * * * * * By order of the Secretary of War: JNO. WITHERS, Assistant Adjuto~nt- General. HEADQUARTERS, General S. COOPER, Lyn~hburg.~ April 4, 1864. Adjutant and Inspector General, Richmond, Va.: GENERAL: There is an impression generally entertained that the Honorable Secretary of War has decided that officers of the second- class militia organizations who may be between eighteen and forty- five years of age are not to be interfered with, but are to be permitted to remain at home as militia officers, and that it is only intended that the privates between these ages shall be sent off. In a letter to me, under date of February 10, 1864, Governor Smith, through his aide- dc-camp, Colonel French, wrote me as follows: Neither officers nor men of the second-class militia, nor of the home guards, if not otherwise relieved, are exempted from conscription by reason of being attached to such organizations. If between the ages of eighteen and forty-five, they come under the provisions of the conscript law, unless exempted in accordance with the provisions of the same Page 269 CONFEDERATE AUTHORITIES. 269 I would be exceedingly surprised, after this, to see these officers exempted. In the second-class militia of Lynchburg a large number of the officers are young men. The conduct of this organization in responding to my calls upon them does not entitle its officers to favor. My dispatches will show that on the last occasions when I called upon them, the battalion absolutely declined going. Individual officers and men would have done their duty, but in such small num- bers as not to warrant any organization. I question whether these gentlemen between eighteen and forty-five years of age had any right in the second-class militia in the first instance, either as officers or men. I wish to call your attention to the fact that this battalion failed to go to the assistance of neighboring counties when they were in danger of raids, because the Goveruor, it was supposed, could not force them and had not ordered them to go. The undersigued on these occasions had called on them to go and had informed them of the occasion of the call. I would state that iu August, on my first call, about 2~50 responded; on my second call about 100 went, but on my last calls (which have been several in number) they have utterly declined, as I have stated. I am , general, very respectfully, your obedient servant, FRANCIS T. NICHOLLS, Brigadier- General, Commanding. [First indorseinent.] HEADQUARTERS DEPARTMENT OF RICHMOND, Respectfully forwarded. April 6, 1864. ARNOLD ELZEY, [5econd indorsement.] Major- General. ADJUTANT A~ INSPECTOR GENERALS OFFICE, April 20, 1864. Respectfully submitted to the Secretary of War. It is presumed the officers of the second-class militia between the ages of eighteen and forty-five are not exempt from conscription. The law evidently makes no distinction in their favor. By order: SAML. W. MELTON, Major and Assistant Adjutant- General. [Third indorsement.] APRIL 23, 1864. ADJUTANT-GENERAL: The Secretary of War allows the Governor to certify the officers where exemption is proper for the administration of the State. They are not exempt otherwise. By order: J. A. CAMPBELL, Assistant Secretary of War. CONFEDERATE STATES OF AMERICA, EXECUTIVE DEPT., Richmond, Va., April 5, 1864. Col. WILLIAM M. BROWNE, Aide-de- Camp to the President, Richmond, Va.: COLONEL: You are hereby assigued temporarily to the duty of superintending and directing the conscript service in the State o Page 270 270 CORRESPONDENCE, ETC. Georgia, and to this end, after full conference with the superintend- ent of the Bureau of Conscription, you will proceed without unneces- sary delay to such point or points in that State as you may deem nec- essary for the proper performance of this duty. The Adjutant and Inspector General will issue the necessary orders. Very respectfully and truly, yours, JEFFN DAVIS. RICHMOND, April 5, 1864. General S. COOPER, Adjutant and Inspector General: GENERAL: In a conversation yesterday with the President he ex- pressed his regret that the compulsory organization of the reserve forces was not in process, the 1st of April being the latcst day he was willing to allow for volunteering. He wished me to see the necessary orders were issued. As this is a matter on which the Honorable Sec- retary of War has probably acted heretofore, I simply bring to your notice the Presidents emphatic expression and wishes. Yours, very truly, BRAXTON BRAGG, General. [Indorsement.] I saw the Secretary on receipt of this letter and invited his atten- tion to General Orders, No. 33, of this year. I suggested his sending for the chief of Bureau of Conscription in order to impress on him vigorous and immediate action, which I have reason to believe he has done. On referring to the act above referred to, the Secretary was of the impression that the thirty days when volunteering would cease would be the 16th of April, which is thirty days after the publication of the order. S. C. CIRCULAR ) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No. 14. ) Richmond, Va., April 5, 1864. I. Circular No. 13, current series, is hereby revoked. II. Commandants will retain out of the reserve dasses a sufficient number to compose their camp guard and supporting force, and pro- ceed as rapidly as possible to organize into companies persons of the said reserve class already enrolled. III. Commandants will instantly designate proper rendezvous and order all persons of the reserve classes to report at such rendezvous on the 16th day of April, instant, for the purpose of electing company officers and being organized into companies. IV. The instant organization of these classes is deemed of the high- est importance, and all such persons as do not appear at the rendez- vous on the day appointed must be enrolled and assigned at the discretion of the commandants. Unless otherwise instructed, com- mandants will forward the muster-rolls direct to this Bureau. By order of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General Page 271 CONFEDERATE AUTHORITIES. 271 [APRIL ~5, 1864.For Magruder to Murrah, in regard to organizing Texas State troops and the enforcement of the conscript law, see Series I, Vol. XXXIV, Part III, p. 73t$.] GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 41. Richmond, April 6, 1864. I. The following schedules of prices for articles named therein, adopted by commissioners appointed pursuant to law, for the State of Virginia, are announced for the information of all concerned; and the special attention of officers and agents of the Government is directed thereto: RICHMOND, March 31, 1864. Hon. JAMES A. SEDDON: SIR: In reviewing the schedules of prices for April we invited the co-operation and aid of Mr. William B. Harrison, and it is just to add that the schedules received the unanimous approval of the commissioners. We respectfully offer the accompanying schedules, A and B, with the under- standing that the prices are to remain for the month of April, unless in the inter- val it should be deemed necessary to modify them. The following prices are to be the maximum rates to be paid for the articles impressed, in all cities and in usual places of sale, and when impressed on the farms or elsewhere the same prices are to be paid. Under existing circumstances we have deemed it not only just, but most likely to favor increased production, that producers in future should not be required to transport their surplus productions when impressed, but that the agents of the Government should employ or impress the neighborhood or county wagons and teams to haul all such articles, and so divide the work between the owners of wagons and teams as to be least prejudicial to those successfully engaged in agriculture. SCHEDULE A. Articles. Quality. Description. Quantity. Price. wheat Flour do do do Corn Unshelled corn Corn-meal Rye Cleaned oats wheat bran Shorts Brown stuff Ship stuff Bacon Salt pork Fresh pork Lard J. . Horses and mules Wool - .do Peas.. Beans Potatoes .do Onions Dried peaches - .do Dried apples Hay, haled do Prime Good do co do Prime do Good Prime do Good do do do do do Fat and good. Good First class.... Fairor merino do Good do do do do do do do do do 29 Hay, unbaled do white or red Per bushel of 60 pounds. Fine Per barrel of 196 pounds. Superfine do Extra superfine . do Family do White or yellow.... Per bushel of 56 pounds. do do Per bushel of 50 pounds. Per bushel of 56 pounds. Per bushel of 32 pounds. Per bushel of 17 pounds. Per bushel of 2~ pounds. Per bushel of 28 pounds. Per bushel of 37 pounds. Hog round Per pound. . . - .. . do Per pound, net weight.. Per pound Artillery, & c Average rice per head. washed Per poun~ Unwashed do Per bushel do Irish do Sweet do do Peeled do Unpeeled do Peeled do Timothy or clover.. Per 100 pounds Orchard or herd do grass. ....do do 1 2 3 4 10 H 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 $5. 00 22.00 25.00 26.50 28. 00 4.00 3.95 4.20 3.20 2.50 .50 .70 90 1.40 3.00 2.60 2.25 3.00 500. 00 3.00 2.00 4.00 4.00 4.00 5.00 5.00 8.00 4.50 5.00 3.90 3.90 3.0 Page 272 272 CORRESPONDENCE, ETC. SCHEDULE AContinued. Articles. Quality. Description. Quantity. Price. Good do do do do do do .....do Superior First rate..... Good Superior First rate..... Good do .....do do do do do do do do do do do do do do do do do do do Superior First rate Good Fair Good Sheaf oats, baled Sheaf oats, nubaled Blade fodder, baled Blade fodder, unbaled.. Shucks, baled Shucks, unbaled Wheat straw, baled Wheat straw, unbaled.., Pasturage do do do do do Salt Soap Candles Vinegar Whisky Sugar Molasses Rice Coffee Tea Vinegar Pig iron do do Bloom iron Smiths iron Railroad iron Leather do do Beef.cattle do do Salt beef Sheep Army woolen cloth, 3.4 yard. Army woolen cloth do Army woolen cloth, 64 do yard. Army woolen cloth do Flannels, 3.4 do Cotton shirting, 34 .... .do Cotton shirting, 7-8 do Cotton sheetings, 4.4 do Cotton, Osnaburg, 34 do Cotton, Osnaburg, 7.8 do Cotton tent cloths do Army shoes Good Shoe thread do Wool socks mens ... .do Corntop fodder, baled.:: do Corntop fodder, unbaled j do Wheat chaff, baled do Wheat chati; unbaled... do Sorghum molasses do Pasturage for sheep do do Superior do First rate..... Interior do do Near cities do do Tallow Cider Trade Brown New Orleans Rio Trade Manufactured No. 1 quality No. 2 quality No.3 quality Round plate and bar Rarness Sole Upper Gross weight do do 10 ounces per yard. - Per 100 pounds do do do do do do Per head per month do do do do do Per bushel of 50 pounds. Per pound Per gallon Per gallon Per ton do do do do .....do Per pound .....do .do Per 100 pounds .....do do Net per pound Per bead Per yard 20 ounces per yard.. Per yard 6 ounces per yard... Per yard 4k yards to pound do 3~ yards to pound do 3 yards to pound do 6 ounces per yard do 8 ounces per yard do 10 ounces per yard do Perpair Per pound~ Per pair Per 100 pounds do do do Per gallon Interior Per head do do do I do $4.40 3.50 3.90 3.00 2.60 1.70 2.20 1.30 3.00 4.00 5.00 5.00 6.00 7.00 5.00 1.00 3.00 2.00 10. 00 3.00 25. 00 20 3.00 7.00 .50 150. 00 132. 00 120.00 216.00 456. 00 190.00 3.90 3.60 4.20 20.00 25. 00 30. 00 1.50 30.00 5.00 (a) 10.00 (a) 4.00 1.11 1.35 1.75 1.50 1.93 2.50 (b) 15.00 3.00 1.25 2.40 1.50 2.40 1.50 20. 00 .40 50 60 a Pro rata as to greater or less width or weight. S On the above enumerated cotton cloths, pro rata as to greater or less width or weight. In assessing the average value of first-class artillery and wagon horses and mules at $500, we designed that the term should be accepted and acted upon according to its obvious common-sense import. In other words, that they should be selected and then impressed accordingly as their working qualities and adaptation to army service, together with their intrinsic value, would warrant a judicious purchaser in considering them as coming within the contemplation of the commissioners when they assessed the average value of such horses as the Government needed at $500. But cases might arise, however, when the public exigencies would be so urgent as to demand that all horses at hand 8hould be 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 83 84 85 86 87 88 89 90 9 Page 273 CONFEDERATE AUTHORITIES. 273 impressed. Yet under ordinary circumstances, when family or extra-blooded horses or brood mares of admitted high value are impressed, we respectfully suggest to the Secretary of War to have instructions forwarded to the impressing officers to propose and allow the owners to substitute in their stead such strong, sound, and serviceable horses or mules as shall be considered and valued by competent and disinterested parties as first-class artillery horses or first-class wagon mules. The term average value per head is in contradistinction to a fixed and uniform price for each horse or mule. We supposed that in impressing a number of horses or mules, whether owned by several persons or one individual, that some might be estimated at $300 and others at different advanced rates, according to their worth, up as high as $700thus making an average value or price for a number of good, sound, and efficient horses or mules $500 each. In illustration of our views, we will add, that a horse with only one eye sound might, in all other respects, be classed as a first-class artillery horse, yet the loss of one eye would justly and considerably curtail his value. So a horse from ten to eighteen years of age might be deemed in all other particulars as a first-class artillery horse, but of course, however efficient or able to render good service for a year or so, yet his advanced age would justly and materially impair his value. Any horse, however he may approximate the standard of a first-class artillery horse, must, according to deficiencies, fall below the maximum price; and as few comparatively come up to the standard, and therefore are entitled to the maxi- mum price, so of course in all other instances the price should be proportionately reduced, as imperfections place them below the standard of first class, & c. SCHEDULE 13.Hire of labor, teams, wagons, and drivers. Labor. Quantity and time. Price. 1 Bailing iong forage Per 100 ponnds $0.90 2 Shelling an dbagging corn; sacks furnished by Government . .. Per 56 pounds 05 3 Hauling Per cwt. per mile 05 4 Hauling grain Per bushel per mile .04 5 Hire of 2-horse team, wagon, and driver; rations furnished by Per day 10.00 owner. 6 Hire of same; rations furnished by the Government do 5.00 7 Hire of 4-horse team, wagon, and driver; rations furnished by do 13.00 owner. 5 Hire of same; rations furnished by the Government do 6.50 9 Hire of 6-horse team, wagon, and driver; rations furnished by do 16.00 owner. 10 Hire of same; rations furnished by the Government do 8.00 11 Hire of laborer; rations furnishedi by owner ... do 2.50 12 Hire of same; rations furnished by the Government do 1.50 13 Hire of same; rations and clothing furnished by owner Per month 50.00 14 Hire of same; rations furnished by the Government do - .. - 30. 00 15 Hire of teamsters; rations furnished by Government do 40.00 16 Hire of laborer; clothing and rations furnished by Government. Per year 300. 00 17 Hire of same; clothing and rations furnished by owner do 550.00 15 Hire of same; rations only furnished by Government do 400.00 19 Hire of ox carts, team, and driver; rations furnished by owner. Per day 10. 00 20 Hire of same; rations furnished by the Government do 5. 00 Upon further consideration we have concluded to value sheaf oats, hay, and blade fodder east of the Blue Ridge Mountains, when baled, at $5.40 per 100 pounds, and unbaled at $4.50 per 100 pounds, and shucks baled at $3.90 per 100 pounds, and $3 unbaled. REVISION OF THE SCHEDULE OF FEBRUARY AND MARCH LASr. Since the adoption of our last schedules for the months of February and March the financial bills passed by Congress, taxing the currency, have seriously impaired the value of the old issues of Confederate Treasury notes. At this juncture large numbers of horses and mules were impressed and paid for in a currency which was in a few days thereafter to be taxed 33~ per cent. The Board of State Commissioners having adjourned, and one of its members being out of the State, it could not be convened in time to review our schedules of prices. Under this state of facts we have re-examined and rearranged our tariff of prices, so far as we have been advised of recent impressments, proposing, in this mode, to remedy any diminution of valuation which may have resulted 18 R HSERIES IV, VOL II Page 274 274 CORRESPONDENCE~ ETC. from the action of Congress upon the currency. Therefore we assess the average value of artillery or wagon horses or mules, impressed since the passage of the currency bill of the 17th of February last, at $600. This award will entitle each person to receive higher compensation accordingly as each horse or mule recently impressed may be considered as being a first, second, or third class artillery or wagon horse or mule, whether the parties appeal to our Board or not; and the impressing agents and officers should forthwith call on all of those persons of whom they impressed horses or mules and propose a settlement upon the fore- going basis, but allowing to each person only such prices as first, second, and third class artillery or wagon horses or mules may be estimated at, assuming our average appraisement of $600 as a fair medium valuation. This, then, would allow a maximum price of $800, and a minimum price of $400, making $600 the average pricethus allowing more for first-class horses or mules and proportion- ately less for the inferior, as they may fall below the grade of first class. Pay- ment of whatever amount may be awarded to be made in the old issue of Treasury notes as circulated before the 1st of April, or else in the new issue, but with a deduction in such cases of 33~ per cent. from the additional sum allowed in each case. E. W. HUBARD, ROBERT GIBBONEY, WM. B. HARRISON, Commissioners for Virginia. By order: S. COOPER, Adjutant and Inspector General. Au appeals and communications for the Board of Commissioners should be addressed to D. S. Chilton, clerk of the Board of Commis- sioners of the State of Virginia, Richmond, Va. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 81. April 6, 1864. * * * * * * * VIII. Col. William M. Browne, aide-dc-camp, is temporarily assigned to the duty of superintending and directing the conscript service in the State of Georgia, and to this end, after full conference with the superintendent of the Bureau of Conscription, will proceed without unnecessary delay to sneli point or points in that State as may be deemed necessary for the proper performance of this duty. * * * * S * * By command of the Secretary of War: JNO. WITHERS, Assistcint Adjutant- General. RALEIGH, April 6, 1864. Hon. J. A. SEDDON, Secretary of War: SIR: Your letter of the 6th [2d] instant was received this mornimx I infer from it that I am to examine into cases in which parties are held for military service, and who claim not to be liable under the law. For instance: A man claims to be over forty-five years of age has been sent to camp h~ere as a conscript, and claims that he is only liable to be enrolled for home defense, being between forty-five and fifty years of age. Again: A foreigner has been sent to Camp Holmes as a conscript, He claims never to have obtained a domicile here Page 275 CONFEDERATE AUTHORITIES. 275 and that he is not liable to military duty of any kind under the law. Am I to investigate and decide such cases? The two named have occurred here. If I am to investigate cases of the kind, must I delay doing so until they are reported to me by the department commander in accordance with General Orders, No. 31, March 10, 1864? Would it not be more convenient and save time by requiring such cases to be reported to me by the commander of conscripts? The commander of conscripts showed me a letter to the Conscript Bureau desiring to be informed whether he was to arrest the harborers of deserters, and also the answer from the Bureau. It was to the effect that no authority of the kind could be given to him, and if made, it must be at his peril, and must be reported through the Bureau to the general commanding the department. Nothing, perhaps, tends so much to the encouragement of deserters from the Army as this harboring and concealing of deserters when at home, and unless such persons in the interior of the State are arrested by subordinate officers with their guards, who go in pursuit of deserters, the mischief is likely to con- tinue. The power is a very delicate one, and I fully appreciate what is said in your letter as to the arrest and detention of persons under the late act of Congress. A few examples, however, would have a salutary effect. I think the parties, where there is probable cause, should be bound over to the superior courts of their counties to answer to the court for the offense, which is now indictable under a late act of Assembly. If examined by a commissioner they might be required to enter into recognizance before a magistrate or judge for their appearance before they are discharged from custody by the military officer. Excuse these inquiries and suggestions, as I know you are occupied incessantly with matters of more importance. Very respectfully, your obedient servant, THS. BRAGG. CIRCULAR) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No.15. Richmond, Va., April 7, 1864. In pursuance of instructions from the Secretary of War, comman- dants of conscripts will grant details until the 1st day of June, 1864, to all persons liable to conscription on the 10th day of April instant who are certified by the Commissary-General to be in the service of his department on the said 10th of April and as necessary thereto. By order of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. MONTGOMERY, April 7, 1864. His Excellency President JEFFERSON DAVIS, Richmond, Va.: The act of last Congress to organize forces to serve during the war requires enrollment of persons between seventeen and eighteen and between forty-five and fifty at such times and places and under such regulations as shall be prescribed by President. Orders No. 33, from Adjutant-General Cooper, issued March 15, and received by Lieut. Col. H. C. Lockhart on the 29th, prescribes thirty days notice from publi- cation of order in county or district by enrolling officer. Colone Page 276 276 CORRESPONDENCE, ETC. Lockhart issued his order on the 30th of March. Telegram from Colonel Preston of the 5th instant orders rendezvous on the 16th of April, stating that War Department construes Order No. 33 to mean notice to commence from day of its publication. The construction placed on it is absurd. This order is inconsistent with law and with order from Adjutant-General. The order cannot be enforced. It is impossible to comply with it. The attempt will only do harmno good. Let me hear from you. T. H. WATTS, Governor of Alabama. [First indorsernent.] Secretary of War for remarks. J. D. [Second indorsement.] Respectfully returned to the President. Governor Watts has misunderstood or been misinformed as to the construction of the Department. I have considered that companies may be at once formed of all men who have been enrolled under the General Orders, No. 33; and that to hasten enrollment reserves may be appointed at any time within the thirty days allowed by law, but that the privilege of entering the reserve organizations will only be lost by failure to enroll for thirty days after the publication of the order in each district. J. A. SEDDON, Secretary of IYar. WAR DEPARTMENT, April 7, 1cS~64. His Excellency JOSEPH E. BROWN, Governor of Georgia: SIR: I have the honor to acknowledge your letter inclosing a reso- lution of the General Assembly of Georgia recommending that no obstacle be interposed to the conscription under recent laws of the Confederate Congress of such persons as have been enrolled under the State laws, and desiring that the Secretary of War of the Con- federate States be requested to exonerate from any penalties imposed by the Confederate law on such persons so enrolled as had failed to comply with the called-for enrollment under the Confederate law within a specified time. While I will not disguise the feelings that even greater satisfaction would have been experienced from the cordial approval by your Gen- eral Assembly of the wisdom of the Confederate law, yet it is gratify- ing to have the evidence afforded by the resolution of the Assembly of the spirit of harmonious co-operation and patriotic zeal that ani- mated their deliberations. I take pleasure in responding to their request, that on reference to the Conscript Bureau, which is chargel with execution of the Confederate law, I am informed that no meas- ures have been taken which as yet have imposed penalties on those enrolled under the late law, and that opportunity has been and will be afforded all such to report themselves or volunteer before they will be subjected to the proscribing penalties. I should add the additional pleasure I have found in the assurance that your own original objec- tions to the Confederate law will be relinquished in deference to the decision of your Assembly, and my hope that a spirit of wise concili Page 277 CONFEDERATE AUTHORITIES. 277 tion and forbearance will always avoid any conflict, so much to be deprecated between Confederate and State authorities. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. ATLANTA, April 7, 1864. His Excellency President DAVIS: M~ DEAR SIR: As you are aware, I submitted an application to you in February last for the appointment of brigadier-general to command a portion of the reserve forces in this State to be organized under the late law of Congress. I inclose copies of the indorsements made upon the application by yourself and the Secretary of War, by which it will be seen that the Honorable Secretary of War stated regiments may be formed by volunteering before the term of enrollment has expired, and in case of a sufficient number of regiments being organized under Colonel Gartrells influence in that time to constitute a brigade, I see no difficulty in thus making the desired appointment, & c., and at the same time he gave me written authority to raise and organize regi- ments by volunteer enlistment. Since that time I have been actively engaged in raising volunteer companies, and have a sufficient number to constitute two or three regiments. On the 31st ultimo the Secre- tary of NXTar dispatched me in the following words: General Cobb has been assigned to the command of the reserve forces of Georgia. Report to him at Macon. I did so, and General Cobb has ordered me to take all necessary and proper steps to organize regiments as rapidly as possible, and at the same time informed me that he had written on the 5th instant to the Adjutant-General for full instruc- tions, and had recommended my appointment, and earnestly requested that my commission be forwarded to me at once. I think you will concur with me in the belief that under all the circumstances I have been quite successful in getting up volunteers. Governor Browns message to the Legislature greatly retarded my operations, but since the action of the Legislature in turning over all persons between the ages of seventeen and eighteen and forty-five and fifty years to the Confederate Government has become generally known, volunteering in this section of the State has progressed rapidly. I wrote the Sec- retary of War yesterday asking him to present my case for your con- sideration. Should you honor me with a commission, I pledge an honest effort for the faithful discharge of all my duties. Hoping for a favorable response, and with renewed a~surances of my highest regard, I am, very truly, your friend and obedient servant, LUCIUS J. GARTRELL. [First indorsement.1 APRIL 15, 1864. Secretary of War for attention and advice. J. D. [5econd indorsement.] APRIL 20, 1864. ADJUTANT-GENERAL: Has the letter of General Cobb referred to been received? If so, submit with this. J. A. S., Secretary Page 278 278 CORRESPONDENCE, ETC. [Third indorsement.] ADJUTANT AND INSPECTOR GENERALS OFFICE, April 25, 1864. Respectfully returned to the Secretary of War, with the letter of General Cobb.* By order: SAML. W. MELTON, Jlfajor and Assistant A6~jutant- General. [Inclosure.] FEBRUARY 19, 1864. Secretary of War for special attention. Colonel Gartrell is personally known to you, and the records of the Department will show his services in the Army. Commending the case to kind consideration, it is referred for inquiry and conference. J. D. FEBRUARY 22, 1864. Respectfully returned to the President. As I understand the late law (an official copy of which I have been as yet unable to obtain), regiments may be formed by volunteering before the term of enrollment has expired, and in case of a sufficient number of regiments being organized under Colonel Gartrells influ- ence in that time to constitute a brigade, I see no difficulty in thus making the desired appointment, subject to the contingency which must attend any future appointment, since it is not the practice of the Department to give any previous positive promise. Before the brigade is organized it is not consistent with the established usage of the Department (even if the power exists) to make any appointment of the brigadier to command it. J. A. SEDDON, Secretary of War. SECRETARY OF WAR: I concur in the above. J. D. RICHMOND, VA., April 7, 1864. Hon. JACOB THOMPSON: (Care of Governor Charles Clark, Macon, Miss.) If your engagements will permit you to accept s~rvice abroad for the next six months, please come here immediately. JEFFERSON DAVIS. [APRIL 7, 1864.For Murrah to Magruder (two letters), relative to organizing Texas State troops and the enforcement of the conscript law, see Series I, Vol. XXXIV, Part III, pp. 747, 748.] CRAWFORDVILLE, GA., April 8, 1864. Hon. H. V. JOHNSON, Sandy Grove, Ga.: MY DEAR SIR: Your letter of the 6th instant has just reached me, and I devote a few leisure moments to you in reply this evening, *NOt found Page 279 CONFEDERATE AUTHORITIES. 279 because I do not know that I shall have time to do it in the morning before the mail closes. * I wrote you a pretty long letter day before yesterday, and feel no disposition to prolong the discussion. If after reading that you are still of the. opinion that the act suspending the writ of habeas corpus in certain cases does not attempt to confer upon the President and others under him the power to arrest and to hold persons arrested without proper warrant under oath, a power that they could not exer- cise without it, then it is useless to say more; and after reading that letter and the order of General Cooper alluded to in it, you are still of the opinion that personal liberty is not jeoparded by it, and that no blow is struck by it at the very vitals of liberty, then, indeed, you would not believe though one were to rise from the dead. So no more on those points. I wish barely to say a few things on some other points. After speaking of the commendable tone of the Milledgeville speech you say, Yet below the surface your antipathy to the President is per- ceptible to any one acquainted with your opinions of the man (under- scoring mine), and on this point you say, I think you had as well have fully unbottled your wrath; for, after all, you are as well under- stood, in the estimation of the country, to be hostile as if you had avowed it. And you go on to say that I will necessarily be classed with those whose palpable object it is to organize a party in opposi- tion to the Administration, underscoring all mine; and further on you say that my antipathy to Davis has misled my judgment, or I have allowed my antipathy to him to mislead my judgment. For your candor and frankness in all this I sincerely thank you, for it is conclusive evidence to me that such are your opinions, and I allude to these matters for the sole purpose of correcting an erroneous impression on your mind. I assure you I have no antipathy to Mr. Davis; nor am I hostile to him; and if there is an object or intention or wish with any to organ- ize a party in opposition to the Administration, I know nothing of it have heard nothing of it. As to the late movement on the action of Georgia upon the subject of the habeas corpus and the resolution in relation to the terms upon which peace should be sought, I think I know as much as anybody else. If any one is responsible for~~ it, no one is more so than myself. It is true that those resolutions were not drawn up by me, but they were prepared by Linton after full consultation; prepared at his house before he went to Milledgeville. And as for Mr. Davis or his Administration, they had but little to do with itnothing in the world except in so far as they fall within the scope of the point as stated. They did not rise to the dignity of a moments serious consideration or thought one way or the other. Greater objects by far were then engrossing my attention, and Lin- tons too, I think. As for Mr. Davis, I repeat again I have no feelings of antipathy, much less hostility. What opinions you may think I entertain of him as you intimate I know not, but I have no hesitancy in stating to you freely and frankly, and most confidentially, what my opinions of him are. They are much more akin to suspicion and jealousy than of animosity or hate. While I do not and never have regarded him as a great man or statesman on a large scale, or a man of any marked genius, yet I have regarded him as a man of good intentions, weak and vascillating, timid, petulant, peevish, obstinate, but not firm. * Johnsons letter not fonnd Page 280 280 CORRESPONDENCE, ETC. Am now beginning to doubt his good intentions. I say doubt, for after watching him closely I am not satisfied in my own mind, or arrived at any conclusion, whether some of his shortcomings are to be attributed to weakness or bad purposes. These are my real senti- ments, and my reasons for them are these: Since his first elevation to power he has changed many of his former States iights principles, as in case of conscription. his whole policy on the organization and discipline of the Army is perfectly consistent with the hypothesis that he is aiming at absolute power. Not a word has come from him of military nsurpation in the orders for martial law by Bragg and Van Dorn on the whole system of passports and provost-marshals, which is utterly wrong and without authority of law. After all that may be said or written by myself and others against these usurpations, not oue word has escaped Mr. Davis showing his disapproval of them. Again, it is well known that the subject of a dictatorship has been mooted, talked of, and discussed in private and in the public journals, and that the most earnest advocates of such a course, the virtual doing away with Congress and the Constitution, have been editors near himright under his nose; editors of journals recognized at the time to be the organs of the Administration. Now, it seems to me strange that this should be so, and men holding and advocating such sentiments for months should hold such near relations to him if such sentiments were distasteful to him. These are bad signs to me, yet they are not conclusive evidences of bad objects or intentions on his part. They leave me in doubt, but certainly awaken my suspicion and watchful jealousy. They teach me to be on my guard, and they should, in my opinion, put the whole country on their guard. The price of liberty is eternal vigilance. But again I assure you I feel no more hostility to him than I do to you and great numbers I meet with who see no danger in these things. My hostility aud wrath (and I have enough of it to burst~ten thousand bottles) is not against him, or any man or men, but against the thingthe measures and the policy which I see is leading us to despotism. If you can understand and appreciate this position and these feelings, then you can understand me; and if you cannot, then you do not understand me, and cannot. But I trust you do. How you could have got the impression, or entertained the thought, that I had an antipathy to Mr. Davis, or was hostile to him, is strange and unaccountable to me. You surely have heard me in conversation speak of his weakness and imbecility, but certainly with no bitterness of feeling, and what I have said on this subject has always been more in sorrow than anger. I had no more feeling of resentment toward him for these than I had toward The defects and infirmities of my poor old blind and deaf dog that you saw when you were here. Poor old Ris; he is dead now aud gone to his long rest. Peace to his ashes and honor to his memory. While I deplore his infirmities I certainly have no feeling of uiikindness to him. As to what you say about the Administration, one word: I hardly know what idea you attach to this term as used by you. If you mean the Cabinet, then they are sustained by neither the Congress nor country, and when their recommendations were rejected by Congress, if they had had any self-respect they would have resigned their places. If you mean the acts and messages of Congress, then I am confident not one-tenth of the people of this country approve them. I would stake my head upon the issue that not ten districts in the Confederacy could be carried in a Congressional election for a candidate running on the advocacy of the four leading measures of the last Congress Page 281 CONFEDERATE AUTHORITIES. 281 and pledged to sustain them as the settled policy of the country. This cry of sustaining the Administration, you will allow me to say, with all due respect to you, is nothing but a stupid, senseless cachin- nation. Nobody approves it. I heard that General Cobb, in his speech at Milledgeville, said all these acts of Congress were proper, wise, and just; and yet I do know that General Cobb spoke very differently to me of some of them before they were passed. Why will men thus degrade themselves by attempting to bamboozle the people; and how are we to get better laws if bad ones, that all feel and know to be bad, are not denounced and true principles proclaimed? I said but little about the tax and currency question in Milledge- ville, because money at best, in my estimation, is but trash. Greater and more vital interests were in jeopardy. Now I am done with all these matters with you. I wished to put myself right with you on certain points. I hope I have done so. Hereafter I will write on other matters. I do not know yet when I can get to see you. It still continues to rain, and I cannot get my corn in the ground. I must see after that before I can leave home. But I must add, in conclusion, that you are, I think, mistaken in suppos- ing that the late movement in Georgia was started with any view toward the organization of a party against Mr. Davis or his Adminis- tration. I know all about that movement, if allusion is made to Gov- ernor Browns message. I advised it from stem to stern and approve it. I dont mean the language, but the policy and the course taken, and I know I had no such object, thought of none such, nor dreamed of any such. It is the proclamation and vindication of great essential truths that I desired to see set forth at the right time and on a proper occasion. But again enough. What I have written to you is with that freedom and frankness I always use in writing to one who holds such high place in my esteem, and I trust you will so consider it and appreciate it. Let me hear from you when you have leisure to write, and as we cannot agree on these great questions let us entertain ourselves on other topics. Yours,. truly, ALEXANDER H. STEPHENS. SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 83. * Richmond, April 9, 1864. * * * * * * XXIX. Paragraph VIII, Special Orders, No. 81, currj~nt series, is hereby revoked, and the appointment of Maj. C. ~J Harris as major and enrolling officer in the Provisional Army, Confederate States, not. having been confirmed by the Senate at its last session, and he thereby ceasing to be an officer, Col. William M. Browne, aide-de- camp, is temporarily assigned to the duty of commandant of con- scripts for the State of Georgia, and will forthwith proceed to assume the duties thereof under instructions from the Bureau of Conscription. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. rAPRIL 10, 1864.For Forrest to Polk, in relation to raising troops in West Tennessee, see Series I, Vol. XXXII, Part III, p. 769. Page 282 282 CORRESPONDENCE, ETC. OFFICE CHIEF INSPECTOR FIELD TRANSPORTATION, Brandon, Miss., April 11, 1864. Hon. JAMES A. SEDDON, Richmond, Va.: Under the late act of Confederate Congress the Secretary of the Treasury is authorized to issue permits to persons to trade beyond our lines. I have been residing at this pointthe western termina- tion of the railroadsand from a long residence at Vicksburg and familiar acquaintauce with the people and localities I have good opportunities to judge of men and things and accomplishing results. Many articles are needed in my department (field transportation) which it is impossible to procure in the country, and can only be obtained from beyond our lines. I am satisfied that when Yankee troops and officers being removed from the Mississippi River to Tennessee and Virginia leave, that a large amount of supplies can be landed at such point on the river as to be removed easily within our lines and used by our Government. Understand me. I have nothing to say as to policy of the Government, supposing it indicated by passage of the act of Congress. There are a number of persons in and about the Yankee lines (Confederates who have taken the oath) whose integrity is undoubted, and whose feelings are with the Con- federates, if not their political principles (bad thing swearing), who I am satisfied can collude with Yankee officers that will be left, and can have anything they wish delivered, if necessary under the French flag, either on the Yazoo River or some other interior stream, and removed. There is in the Yankee lines a perfect mania for trading in cotton, even going so far as to control their military operations, covered under the pretense of getting out negro men, mules, and sup- plies of foodin truth, gotten up and being controlled by cotton traders, dividing the profits with superior officers. Witness the late raid into the Yazoo River, and the return to Yazoo City of a steamer for cotton under the French flag; the raid at same date sent into lower part of Hinds County with a military force, Government wagons and teams, to procure cotton where they had previously destroyed all the supplies and taken off the negroes; also the raid into Guachita and Red River, and the continual trading around Natchez, in all cases the marks being cut off the Government cotton and proceeds divided with any woman or man who points it out and makes the outside arrangement, avowedly for the purpose of defrauding their own Government by using for private gain Confederate cotton cap- tured, and to which the United States Government would be entitled. If necessary the arrangement might be made in the.~iiame of citizens of France. The Government yet owns a large amount of cotton west of Pearl River, on the entire front from Lake Maurepas to the Ten- nessee line. This cotton is being hourly stolen and carried to the Yankee lines, and the whole military force of the Confederate States could not stop it. The Government has not and cannot procure trans- portation to move it. As it stands, the whole population is being demoralized, socially, morally, and politically, and the whole social fabric is being destroyed and demoralized, and the country is becom- ing filled with speculators, deserters, and conscriptsoverrun by our own troops and the Yankees. Ladies residing in this region, eminent for wealth, respectability, intelligence, and beauty, make nothing oI taking Government cotton without authority and tmaveling in the night to the enemys lines, as they assert, bribing both pickets, and in return bringing out whisky, calico, and coffee, and have it sold at Page 283 CONFEDERATE AUTHORITIES. 283 large profit. The Government should promptly do one of two things either have burnt every pound of cotton in this region indicated, or make some arrangement to convert it into such articles as the Gov- ernment needs or the money. I have not written a letter or received one from any person in Yicksburg, or anywhere else in the Yankee lines, since the fall of Vicksburg, and unless upon matters of interest for the Government and appertaining to my official duty do I expect to communicate; nor have I received an article from there. Our officers are overrun with applications for passports to go to the enemys lines, and pickets annoyed and corrupted by their attempt- ing to pass without passports. Since the commencement of the war I have not purchased any article to sell again, and do not intend to do so during the war. Under the above state of facts it is important that the Government should act promptly on the cotton and trading question, and also on the passport question. Not being known to Mr. Memminger, I address this to you, and if upon consultation it is deemed advisable to procure mules, cast-steel, shoe thread, trace chains, & c., and numerous other articles, by exchange for this cotton, I think I can accomplish it. Very respectfully, your obedient servant, A. M. PAXTON. [Ffrst indorsemeut.] APRIL 27, 1864. Respectfully referred to Lieutenant-Colonel Ruffin, Commissary Department. By order: J. A. CAMPBELL, Assistant Secretary of IYar. [Second indorsement.] BUREAU OF SUBSISTENCE, Richmond, April 29, 18G4. Respectfully returned to the Secretary of War. The narration of the within writer discloses nothing new to me. I have heard it all before, and more than once. Part of it has been caused by the Federal occupancy of the territory in question; but much of it was to have been anticipated as the inevitable result of the Government policy and of Mr. Memmingers admii~istration. Until both are changed I can see nothing better in the future than is presented by the past. Suppose the Government, ~s advised by Mr. Paxton, shall now become a party to these transactions, which once it might have directed, if not controlled, it will be necessary to get the cotton from Mr. Memminger. Can that be done? About the 20th January last I heard that there were 3,000 bales of cotton, more or less, at Tuscaloosa in bad condition, with ropes burst and bagging rotted, preyed upon by thieves and eaten by cows. I wanted at least a part of that cotton for an important contract. I applied for it to Mr. Memminger through Colonel Northrop. Mr. Memminger replied that he could not spare it; he wanted it himself; so I had to instruct my agent to buy cotton for his purposes. He has lately applied for funds for that purpose and I have none to send him. Under the state of facts evidenced by this and other similar cases I see no chance of getting the cotton except upon a change of policy. If the policy shall be changed, then I presume the trade will be carried on under Mr Page 284 284 CORRESPONDENCE, ETC. Memmingers regulations, in which event I respectfully submit that all that I can do will be, under the orders of the Commissary-General of Subsistence and the Honorable Secretary of War, to present just estimates for supplies for the wants of the Army as it may be deter- mined to furnish from that quarter. But should the regulations b~ abolished or properly modified and the cotton put at my disposal, then under the orders of the Secretary of War I think I could obtain large supplies upon the basis indicated in Mr. Paxtons letter. FRANK G. RUFFIN, Lieutenant- Colonel and Commissary of Subsistence. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., April 11, 1864. Hon. THOMAS BRAGG, Raleigh, N. C.: Your letter of the 6th instant has been received. The decision of questions under the conscription act in reference to the liability of parties to serve under the act, under Orders No. 26, is to be made by the enrolling officer. An appeal can be taken from his decision to the commander of conscripts, and from his decision an appeal can be taken to the Bureau of Conscription, and finally to this Department. There was no intention on the part of this Department that you should be burdened with the performance of the duty of deciding such questions. The officers, in case of doubt or difficulty, have been authorized to take counsel froni you, but the instructions of the Bureau and the orders of the Department are full and precise, and it was not anticipated that any occasion would arise in the ordinary business of that department. They should refer cases to the Bureau if necessary. These cases have no connection with the act to sus- pend the writ of habeas corpus. Congress passed an act relative to the harboring of deserters. The act will be found in Orders No. 29. It provides that if any person shall procure or entice a soldier to desert, or shall aid or assist any deserter from the Army or any per- son enrolled for service to evade their proper commanders or to pre- vent their arrest to be returned to the service, or shall knowingly conceal or harbor such deserter, or shall purchase from any soldier or person enrolled for service any portion of his army equipments, rations, or clothing, or any property of the Confederate States or of any officer or soldier, upon conviction before the dist.rict court of the Confederate States having jurisdiction of the offense, he shall be fined not exceeding $1,000 and be imprisoned not exceeding two years. All cases arising under this act should be turned over to the judicial tribunals whenever the facts warrant that course. There is no par- ticular occasion for any interruption of the course of these tribunals in ordinary cases. If the prosecution of such cases under the act of the Legislature of North Carolina would be as efficient and conven- ient a mode of redress, no objection is perceived to a resort to the State courts. The committing magistrates of the State are empowered to act under the laws of the Confederacy for the same purpose. Very respectfully, your obedient servant, JAMES A. SEDDON, & cretary of War Page 285 CONFEDERATE AUTHORITIES. 285 APPOMATTOX, VA., April 11, 1864. Hon. JAMES A. SEDDON, Secretary of War: DEAR SIR: The people of this county are already suffering much for corn, and unless something can be done to supply them the condi- tion of things by the middle of May must be painful in the extreme. This is no pretense set up to accomplish a purpose, but is sober and lamentable reality. The county court has appointed two agents, viz, Mr. N. H. Hancock and Mr. T. H. Trent, with instructions to make immediate and earnest efforts to procure and send on corn for the use of the families of the soldiers. This will probably be handed you by Mr. Trent, who will explain more fully the condition of our people and the views of the court. If the Confederate Government can directly or indirectly aid them in their undertaking it will perform a most laudable and meritorious service. It has been thought that by releasing for a short time a portion of the cars appropriated to the Government use it might effect the end desired. Of course I do not know the state of the Government supplies, and much must depend on that. But I beg leave again, in conclusion, earnestly to bespeak whatever aid can possibly and properly be rendered. The need, indeed, is urgent. I remain, very truly, & c., TH. S. BOCOCK. [APRIL 11, 1864.For Vance to Seddon, recommending suspension of conscript law in the mountain counties of North Carolina, see Series I, Vol. LIII, p. 324.] SPECIAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 85. Richmond, April 12, 1864. * * * * * * * XXV. Col. W. M. Browne, aide-dc-camp, assigned to duty as com- mandant of conscripts for the State of Georgia, is empowered to relieve from conscript service in Georgia, subject to approval by the super- intendent of Bureau of Conscription, such officers as he may deem incompetent or unnecessary to the service, promptly reporting his action, with the reasons therefor, to the Bureau of Conscription. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. HEADQUARTERS ARMY OF NORTHERN VIRGINIA, April 12, 1864. Maj. B. P. NOLAND, Chief Commissary of Subsistence for Virginia, Richmond: MAJOR: I beg leave to suggest to you, as the officer charged with the management of the system of exchange and barter for provisions, some considerations which I think may be found useful, and which may probably have occurred to your own mind. Whatever vigilance may be used by the military authorities, it will be found difficult t Page 286 286 CORRESPONDENCE, ETC. prevent the prohibited traffic in cotton, tobacco, & c., where the induce- ment to engage in it is so great. It has been reported to me that con- siderable quantities of tobacco have passed through Gordonsyille consigned to persons residing within our lines, but who are so situ- ated that they can easily take the tobacco beyond them. On Thurs- day last seventeen boxes reached Gordonsville en route to Liberty Mills, consigned to the postmaster at the latter place. A large quan- tity had been sent thither previously, and thoagh the owners avowed that it was to be used or sold there,, it was manifest that the supply exceeded any lawful demand in so small a place. It is also reported that tobacco is frequently sent to Madison Court-House in large quan- tities, the shipments being made from Richmond, Charlottesville, and Lynchburg. While there is no doubt of the illegal purpose of the own- ers, it is almost impossible to prove it, and the only provision that can be made to prevent the abuse with any hope of success is to require that no shipments of the prohibited articles shall be made by rail or otherwise from any point without a permit from proper authority, unless the destination of the article be such as to preclude the possi- bility of its being taken out of the lines. The permit should contain the names of the real owner, of the carrier, and of the place of desti- nation, as well as of the route to be pursued, and the goods should be declared subject to seizure if found on a different route, in other hands than those of the parties named in the permit, or going toward a different destination. By this means it can be ascertained whether more of the articles are being taken to a particular place or by a par- ticular person than is consistent with a lawful use of them, and there will be some restriction upon the trade. All the prohibited commodi- ties found in transitu without a permit should be seized. In this connection I would also call your attention to the difficulties that attend the lawful trade. As the great object is to obtain sup- plies and prevent the staples mentioned in the law from being exported except in exchange for them, it would seem that the strongest induce- ments should be held out to persons who wish to procure cotton, tobacco, & c., to bring in the supplies. This end can best be obtained by withholding the tobacco, & c., and the permit to take it out until the supplies shall be first delivered. It is manifest that a bond to perform the contract will not suffice. What we want is a strong inducement to the party contracting to exert all his efforts to get the supplies to us, and the chief inducement to make such efforts is taken away when he receives the commodities he desires with a permit to take them out. If he succeeds in getting them to 9me enemys coun- try, he sells them at a large profit, and theli he will find it much easier and safer to pay his forfeited bonds than to incur the labor, hazard, and expense of bringing in the supplies in return. If it be answered that the contractor cannot buy the provisions unless he be allowed to take out and sell the tobacco, & c., I think that it wouki be better not to employ him unless he has means adequate to perform his contracts. This is a precaution always insisted upon in awarding contracts of this kind; and if adequate assurance be given that upon the delivery of the supplies at a designated place the com- pensation in tobacco and cotton, & c., together with permission to remove them, will be forthcoming, the contract itself will be a basis of credit which will enable the contractor to raise the means required to purchase supplies. Indeed, I think that unless this course be pursued the result will be that, either from dishonest purposes or from actual inability to bring the provisions within our lines, which is practicall Page 287 CONFEDERATE AUTHORiTIES. 287 as bad as the former, the system of barter will result in much of the staples of the country being taken out of it without obtaining any- thing in return but payment of the forfeited bonds. While this pay- ment will prevent pecuniary loss to the Government, it effectually defeats the object of the system which it is desired to inaugurate. I would suggest that the safest plan, and one that can be carried ont with least difficulty and liability to abnse, would be to offer the arti- cles referred tocotton and tobacco, & c.with permission to remove them, to any person who will deliver provisions at a price to be agreed upon. A limit might be put upon the amount of provisions to be fur- nished in exchange by individuals to prevent too great a multiplica- tion of permits. For instance, no exchange might be entered into with any individual for less than 500 pounds or any other quantity. Persons desiring to take these contracts would find means, either by purchase from our own citizens or by bringing the provisions from abroad, to obtain enough to exchange for cotton, tobacco, & c., and the Government would be relieved from the risk of transportation. I think it will be found if proper agents be sent to suitable localities with authority to contract to deliver the staple articles, with permits to those who will give provisions for them, much would be obtained from our own citizens that cannot now be reached by purchase or impressment. Those who sell on such terms can readily procure what they require for their own use or even additional supplies to continue the trailic. Larger numbers would become interested in bringing in supplies, they would come in smaller quantities to each man, and be less liable to seizure. At the same time it would encourage our peo- ple to produce more, as it would afford them a profitable market. I have deemed it proper to make these suggestions in order that the system may have as full a trial as possible and in the hope that it may afford us considerable relief. Very respectfully, your obedient servant, R. E. LEE, General. [First indorsement.] OFFICE CHIEF COM. OF SUBSISTENCE FOR VIRGINIA, Richmond, April 15, 1864. Respectfully referred through the Commissary-General to the lion- orable Secretary of War for his consideration, and with the sugges- tion that formal regulations in regard to overland commerce be adopted, or at least that all Confederate officers be charged with the duty of preventing (under the fourth section of the law)ihe unlawful transportation of the prohibited articles. Undoubtedly very large quantities of these articles are being now forwarded to the border by parties who have not even proposed to operate for the Government, and doubtless with the view of an illegal traffic. If the Government can keep the control of this trade, and thus make the demand for these necessary articles entirely tributary to army supplies, a very large amount of meat will undoubtedly be secured. B. P. NOLAND, Major and Chief Commissary of Subsistence for Virginia. [Second indorsement.j APRIL 15, 1864. ASSISTANT SECRETARY: A general order regulating or prohibiting the transfer of tobacco, & c., to points contiguous to the enemys lines without permit ha Page 288 288 CORRESPONDENCE, ETC. better be framed, had it not? If you concur, will you draft such a one as you deem appropriate and consistent with this law? J. A. S. RICHMOND, April 12, 1864. Maj. R. P. WALLER, Quartermaster, Nassau, New Providence: SIR: Inclosed is a list* of all the shipments of cotton made to Nas- sau since the commencement of your operations at that place, and on which Mr. Heyliger was authorized to draw for your benefit. Recently they have not been large, some of the cotton shipped on account of this department having gone direct to Liverpool. What they will be in future it is impossible to tell, as the recent legislation of Congress and the regulations announced by the War and Treasury Departments in execution thereof have yet to be tested. This and other uncertain- ties of a similar character have prevented this department giving you any definite response to your repeated inquiries respecting the stabil- ity of your position at Nassau and your prospect for funds. Nor is it practicable for me to say now how long the services of a purchasing agent may be required at Nassau or to what extent and in what manner the funds he may require will be provided. I can only state that as you are now there, and in your past transactions have made your purchases and shipments in a manner satisfactory to the depart- ment, you will be expected to remain as long as the presence of any officer may be deemed necessary at Nassau, and, moreover, that no effort will be spared to meet your expenditures. Nassau, it is true, was resorted to in the first instance to relieve the pressing demands of the winter now closed; but so many supplies have been attracted to that point, from which they can be promptly drawn and at prices but little in excess of European rates, that the prospect is it will con- tinue to be availed of. I have just written to Mr. Heyliger to see if he has ever received a report of sales of cotton from Fraser, Trenholm & Co. It has been drawn for at an average of 25 per bale, which appears low. I hope there may be a surplus available for you in the future. Your last report shows an indebtedness of several thousand pounds sterling. Still I must look to you to continue your purchases as best you can. It occurs to me that you can operate to advantage in this way: It is understood that vessels that bring in supplies under contract for the Government will be allowed to carry out cotto.n delivered in payment, dependent on the restrictions recently imposed. Such cotton has been expended heretofore at the rate of lOd per pound in exchange for supplies taken at prime cost, with 75 per cent. added for profit and risk and freight from Bermuda or Nassau at the rate of 25 per ton. To facilitate purchases you might assume the risk and take the sup- plies at a fair market price, and freight payable, as stated, at Wilming- ton. In every such transaction you must make a special report and furnish the party with a certificate showing the amount of cotton due in payment for each shipment. On presentation of that at this office I will provide for the delivery of the cotton at Wilmington. You will suspend for the present the shipment, or rather purchase, of blankets, and forward as largely as you can shoes and woolen cloths, taking care to secure a good article of each. Shoes especially * Accidentally omitted; see letter of April 28, p. 351 Page 289 2P~9 CQNFFSD~RTh ~AUTI1OL1LTI~L -______ ___ will be much needed during the spring and summer months. Do not, however, let any of your operations interfere with the provision you were instructed to make in favor of Mr. Sharp, as it is of the utmost importance that the machinery he goes for shall be received. After that give the preference to shoes, as the demand for them during the campaigning months will be heavy. You are authorized to purchase to any extent you may be able these necessary articles in advance of the receipt of cotton or funds. You may rely upon receiving one or the other at no distant day. A. R. LAWTON, Quartermaster- General. OFFICE CHIEF COMMISSARY OF SUBSISTENCE, FOURTH DISTRICT VIRGINIA, Dublin, April 12, 1864. Maj. B. P. NOLAND, Chief Commissary of Subsistence for Virginia, Richmond: MAJOR: Yours of the 7th reached me yesterday. In accordance with last paragraph I immediately telegraphed Captains Wade, Shields, and Venable to hold all breadstuffs and bacoii now on hand, collect as rapidly as possible, and hold subject to my order, and to inform me at once the stock on hand. I inclose their replies, which please return me. In yours of April 1 you informed me that Major King will be directed to turn over to you all subsistence under his control except at his depot, and confine himself hereafter to issuing to troops supplies received from your department, at the post commissaries. Mr. Glendy, my principal cattle agent, has just returned from Monroe and reports that there are parties purchasing cattle there for Mr. Ludington, who purports to be the agent for Major King (and I have no doubt is), under the authority of Major-General Breckinridge. Mr. Glendy says there are some 425 head of cattle held over by Major King from last year, and some six men employed to attend to them, as he was informed, and these men are also engaged purchasing for Mr. Ludington, the agent of Major King. He has purchased about 400 poor cattle, agreeing to pay for them the maximum of the old schedule, in some cases paying 30 cents, paying no attention to the scale of prices. I have engaged the services of a valuable man in Monroe, as agent of that county. I hope he will not be interfered with. My agents can purchase the entire stock of the district in a few weeks if started out at unlimited prices. The question is, major, has Major King, with or without the authority of Genexal Breckinridge or myself, the management of purchases of stock in this district? lie cannot put it on the ground of an urgent necessity, because if such really did exist the stock now being purchased cannot be ready for slaughter before Augustshould not be before October. Some months ago a question was submitted to you from the Commissary-General which you referred to me, if King was paying too much for grazing. The question I believe was submitted by King himself. I saw then that he was but paving the way for this operation, which is but the renewal of last years business, and then felt confident that Luding- ton, the contractor of last year, would again be engaged in the busi- ness. I have seen to-day a copy of the Richmond Enquirer, which contains the new schedule, showing an advance in price. These pur- chases were made under the schedule of $16, $18, and $20. I am very 19 R RSERIES IV, VOL II Page 290 290 CORRESPONDENCE, ETC. much in want of impressment powers for my agents. I am in hopes they will be here by to-days mail. Every days delay will be felt. The details have not yet reached me or my agents. Some of the last detail I am in hopes will not be renewed after June, if it is possible to secure competent men in their place. I have seen General Breckinridge on the subject of Major Kings purchasing through Ludington. He says he authorized it and has asked for the permission from Richmond. He desires, he says, to secure for his department provisions which will not be forwarded to other commands. He is simply looking out for his own troops by making purchases through his own commissary and agents. I inclose Captain Wades requisition for funds, approved. I have none as yet, though I have received notice of a small amount, $50, 000 being transferred to me. Very respectfully, JOSEPH CLOYD, AJiajor and Chief Commissary of Subsistence, Fourth District. [First indorsement.] OFFICE CHIEF COM. OF SUBSISTENCE FOR VIRGINIA, Richmond, April 15, 1864. Respectfully referred to the Commissary-General of Subsistence, with request that orders be sent to Major King to turn over all cattle and other articles of subsistence in his hands except amount at his depot, not exceeding thirty days supply for General Breckinridges command, to Major Cloyd, chief commissary Fourth District. B. P. NOLAND, Major and Chief Commissary for Virglnta. [Second indorsement.] APRIL 28, 1864. Captain RIELY: The Adjutant and Inspector General thinks this matter has been already settled by the Secretary of War, to whom the question pre- sented on other papers was referred. H. L. C. File. [Inclosure.] CONFEDERATE STATES OF AMERICA, WAR DEPT., SUBSISTENCE DEPARTMENT, Richmond,~April 15, 1868. SIR: It is determined to establish as soon as possible a thorough system in the collection of supplies that can be inaugurated at aim early day, by which competition between the commissaries and agents of this Bureau and the army commissaries and all other Government agents will be entirely prevented. This system, briefly shadowed forth, is as follows: A chief purchasing commissary of this Bureau will be selected for each State in the Confederacy, who will divide his State into districts (say some four or five, with a chief purchasing commissary or agent selected for each district, whose duties shall correspond in his district with the duties of the chief commissary in the State, these districts to be subdivided and sub-commissaries or agents selected for each subdivision) who will control and direct all purchases and business done by these district commissaries or agents and through them thei Page 291 CONFEDERATE AUTHORITIES. 291 sub-agents. The chief district commissaries or agents will be nomi- nated by the chief State commissary to this Bureau for appointment, and their sub-agents or commissaries shall be nominated by the chief district commissaries or agents to the chief State commissary for appointment upon the approval of this Bureau. This latter clause, however, will apply literally only to the new commissaries or agents which it may be found necessary, in the working of this system, to appoint, because, as far as possible, commissaries or agents already iu service must be continued. The commissaries and agents must be competent persons in every respect, thoroughly active and energetic and sufficiently numerous to obtain every pound of surplus supplies in the State. But it must not be forgotten that the fewest number capable of accomplishing the desired object is greatly preferable for many reasons. In all new appointments commissions will not be issued, but the appointment will be that of agents. You have been selected as the chief commissary for the State of and will proceed at once to inaugurate the above system gradually, but with as much energy and dispatch as is at all com- patible with its harmonious accomplishment. You will at once forward a copy of this circular to all the commissaries and agents of this Bureau in your State, and obtain from them immediately all the information necessary to enable you properly to divide your State into districts, and make your nominations for chief district commissaries and agents, and report the same to this Bureau as soon as practi- cable. You will also require from the said commissaries and agents of this Bureau in your State (a list of which commissaries with their respective posts is herein inclosedthe address of the ~gents you can obtain from these commissaries) full reports of their present and contemplated operations, the prices they are paying, quantity, and description of the supplies being obtained, and the promise for the future. As soon as you can get this system inaugurated you will require from each chief district commissary or agent (who will require the same from their sub-commissaries and agents) a report of supplies on hand every ten days, with probable future accumulations and issues. These reports when received (and they must be required by you promptly, beginning on the last day of the earliest calendar month at which circumstances will permit you to require them) you will consolidate and send to Maj. S. B. French, commissary of sub- sistence, Richmond, Va., with the utmost dispatch. You will also report the places in your State deemed by you most suitable for main depots, or rather reservoirs, to and from which supplies may be best collected and distributed. It may be well also, to h~we auxiliary depots to these reservoirs, both in the collection and distribution. These selections must be made with due regard both to safety of posi tion and convenience in relation to transportation. It must ever be remembered that transportation should be husbandt~d in every man- ner possible, and therefore that under no circumstances which care, prudence, and foresight can provide against must supplies be twice transported over the same road, nor any article of subsistence trans- ported in opposing directions. When this system is thoroughly organized and worked there will be no portion of the Confederacy which is not thoroughly drained, and therefore wherever our armies move all the supplies of our country will be tributary to their use; and then application will be made to prevent army commissaries from com- peting with this Bureaus commuissaries or agents, and the chief com- missary of each army directed to supply his wants by application t Page 292 292 CORRESPONDENCE, ETC. such chief State commissary of this Bureau as may be indicated by the Commissary-General, giving notice of requirements ahead of his actual wants and the points at which his supplies will be needed. And whenever the commissaries in one State or district need supplies which cannot be obtained in their State or district, they will draw them from the most convenient commissaries or agents from points in other States or districts. It may very frequently occur that some articles of subsistence ought not to be purchased in some States or districts because of very high prices. Whenever this occurs the same rule will prevail. It is impossible to give in a circular all the detailed directions which might be desired; much must of necessity be left to your dis- cretion and judgment, but enough has been said to let you under- stand the system that is to be inaugurated, and great reliance is placed upon your judgment and energy in establishing it at an early day. Very respectfully, L. B. NORTHROP, Gornmi& ~ary- General of Subsistence, C. S. Army. QUARTERMASTER-GENERALS OFFICE, Richmond, April 18, 1864. Hon. J. A. SEDDON, Secretary of War: SIR: I beg leave again to call your attention most earnestly to the discrimination against this branch of the public service in the matter of furnishing funds. It has become my duty on several occasions before to refer to the effect of making so many requisitions for funds special, and to the fact that the Quartermasters Department was not furnished by the Treasury at all in the proportions contemplated by the appropriations made by Congress. As all public funds were turned in by disbursing officers previous to 1st of April, the warrants signed since that date afford a prompt illustration of this continued injustice. The appropriations to this department alone amount to a larger sum than all the other bureaus of the War Department com- bined, and it is but fair to ask that at least one-half of the warrants signed should be in its favor; otherwise Congress has misconceived its duties in so apportioning the appropriations. I am informed that the warrants signed at the Treasury for the bureaus of the War Department from the 1st to the 12th of April, inclusive, amount to $5,144,57~, of which only the sum of $410,000 were for this depart- ment, though the sum of $13,460,000 had been requested. I am unable to perform the duties assigned me or to keep in operation the immense machinery of this department if this discrimination is per- sisted in. I respectfully ask that the Secretary of the Treasury be requested (when all amounts required cannot be furnished) to sign the warrants for each bureau within the month in proportion to the appropriations made by Congress. Very respectfully, your obedient servant, A. R. LAWTON, Quartermaster- General Page 293 CONFEDERATE AUTHORITIES. 293 [Indorsement.] APRIL 15, 1864. I will see the Secretary of the Treasury, and, besides, have an eye to the requisitions; with a view to more equal distribution. J. A. S., Secretary. RICHMOND, VA., April 13, 1864. Governor T. H. WATTS, Montgomery, Ala.: Your dispatch of the 7th received and referre(l to the Secretary of War, who replies that the Department considers that companies may be at once formed of all men who have been enrolled under General Orders, No. 33, and that to hasten enrollments rendezvous may be appointed at any time within the thirty days allowed by the law, but that the privilege of entering the reserve organizations will be lost by failure to enroll for thirty days after the publication of the order in each district. JEFFERSON DAVIS. HEADQUARTERS ARMIES OF THE CONFEDERATE STATES, Richmond, April 13, 1864. General J. E. JOHNSTON, Dalton, Ga.: GENERAL: I inclose you a copy of a communication from the Chief of Ordnance, to which I invite your special attention and beg that you will favor me at an early day with your views. A serious difficulty not mentioned by this report will soon arise indeed is now feltin regard to our field artillery. The supply of horses on the present extended scale cannot possibly be kept up, and were the supply sufficient they cannot be foraged without endanger- ing the subsistence of the troops. Will you indicate what should, in your opinion, be the proportion of field artillery in an organized army? I am, general, most respectfully, your obedient servant, BRAXTON BRAGG, General. [Inclosure.] CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, ,1864. General BRAXTON BRAGG: GENERAL: I beg to call your attention to the very large proportion of artillery now in the armies in the field. The number of pieces is as follow: General Lees army (not includ- ing battalion of Washington Artillery at Petersburg), 197, of which about one-half are rifles, including eight 20-pounder Parrotts and one 2-pounder Whitworth; General Longstreets corps, 27, of which four- teen are rifles, including two 20-pounder Parrotts; General Johnstons army, 123, of which about one-fifth are rifled pieces; General Polks corps, 24, of which sixteen are Napoleon guns and three rifles. I respectfully submit that a maximum be fixed for the artillery, not to exceed five pieces for each brigade of infantry Page 294 294 CORRESPONDENCE, ETC. Three pieces for every 1,000 men, for a full organization, is the largest allowance of modern equipment. It is possible, however, that as the organizations recede from their maximum of strength it no longer becomes a safe rule to apportion the artillery exactly by the strength present. I propose, therefore, to apportion it by brigades or by regiments, and as our brigades are generally composed of five regiments and scarcely exceed 2,500 men now, and are more probably reduced to 1,500, five guns to a brigade would be an ample allowance. Of these one might be reserve. The equipment of so much artillery overtaxes our means and neces- sarily renders the equipment of the whole less complete than it would be if reduced to moderate limits. By the rule suggested, allowing twenty pieces to the division of cavalry, as at present (quite too much), the artillery of General Lee would be reduced to about 170, including Eshlernan at Petersburg, instead of 213. Besides, an increase of thirty pieces has been asked and is preparing under the requisition of General Pendleton, approved by General Lee. I earnestly invite your attention to the subject. Very respectfully, your obedient servant, J. GORGAS, Colonel and Chief of Ordnance. CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, Richmond, Va., April 13, 1864. Lient. Gen. L. POLK, Commanding, & c.: GENERAL: I have the honor to acknowledge your letter of the 31st ultimo,* and am pleased to hear that it is not your desire to interfere with the execution of the conscript law through the regular adminis- tration of the Bureau here, but that you seek only that the military police of your department shall be administered by yourself. To this, of course, no objection can be entertained. The Conscript Bureau may, indeed, give, as it has been directed to do, valuable aid in returning or notifying the presence of deserters and stragglers to ~he commanding general; but he certainly has the power and is at liberty to employ any portion of his command in the arrest of deserters and stragglers. No special organization for such purpose can or ought, however, to be formed by him which shall be composed of conscApts, or which will prevent the regular organization under the terms of the late law of the local reserve forces. When such reserves shall have been, as they are now being, enrolled and organized, companies of them, to such extent as may be necessary, are liable to be called out under the authority of the President, to be assigned to such duties. It is the contemplation of the President to assign for each State some officer of rank, at least of brigadier-general, who shall be charged with the duty of organizing the local reserves and directing the calls for their services when needed. Such officer within the limits of your depart- ment will probably be placed by the President under your general direc- tion, and through him the companies of local reserves can doubtless be commanded by you for police purposes. * See Series I, \Tol XXXII, Part 111, p. 723 Page 295 CONFEDERATE AUTHORITIES. 295 I do not see how otherwise such companies as you desire can be legally provided, as the class of exempts strictly will be entirely inade- quate to afford material for new organizations. The law, as you will recollect, places in the military service all between the ages of seventeen and fifty. Generals for the organization of the reserves have not yet been appointed, but the subject is under the consideration of the Presi- dent, and will doubtless receive his early action. I am glad to learn that I misapprehended your meaning in supposing that you contemplated recruiting in the border country from stragglers and deserters. I concur with you fully in regard to the mischievous effects which would follow from such a course. Those mischiefs have been so vividly realized in the border counties of Virginia and Ten- nessee that Generals Lee and Johnston have urged earnestly that no authorities whatsoever for the recruitment of new organizations should be given, as it was almost impossible to prevent their being abused by the reception of those who had straggled or deserted. It was thought, too, that the mere hope of being able to join such organizations in proc- ess of formation tends to produc~~ restlessness and discontent among the soldiers in the embodied armies. In deference to such opinion I have revoked all authorities heretofore granted, and am now issuing none. The imperfect accounts which we have received from the border counties of North Alabama, Mississippi, and East Louisiana represent the evils and abuses supposed to flow from the allowance of such authorities as prevailing there to a great extent. So strong has been the impression of the President on this point that he has just requested Brigadier-General Ferguson to be sent to Mississippi and East Loui- siana to organize and bring under more discipline the detached and loosely formed companies said to be in those districts. The presence and authority of that officer, acting under your command, will proba- bly enable you to accomplish the purpose you have in view in those districts without the necessity of issuing new permits or forming addi- tional companies. Should it be practicable to obtain such control over the disputed districts as will allow the regular enforcement of the con- script law, that course, I have no hesitation in saying, would be more satisfactory to the Department, as it would be alike more equitable and more beneficial to the service to secure the men liable to military serv- ice to the veteran rather than the new organizations. Still, if that be not practicable, I have such deference to your judgment and wishes as to sanction the formation of new companies in your department when the conscript law is not and cannot be enforced. I rely, however, on the exercise of this power with caution and due consideration for the avowed policy of the Department to prefer the regular enforcement of the conscript system. Very respectfully, yours, JAMES A. SEDDON, Secretary of War. RICHMOND, April 13, 1864. Maj. N. S. WALKER, Agent, Saint Georges, Bermuda: SIR: There is a lot of machinery at Bermuda belonging to this department and intended for the manufacture of ambulances, & c., which, with the material accompanying it, it is of great importance to receive. A portion, too, of the cargo of the Princesse Royale, th Page 296 296 CORRESPONDENCE, ETC. shoes and cloths, are greatly needed. The pressnre for blankets has ceased for the present. If arrangements cannot be made to ship the articles wanted at a very early day direct to Wilmington from Ber- mnda, I have to request that you will immediately forward the same to Nassau, from which point there is no difficulty in securing freight room. You can do the same with regard to any other supplies belong- ing to this department that may hereafter reach Bermuda, where they are likely to meet with unreasonable detention. I understand that there are fair facilities for reshipping to Nassau, and I presume the charges are moderate between that point and Bermuda. Your duplicate accounts (vouchers withheld) forwarded by the City of Petersburg have been received. They show that over 5,600 has been drawn for by you against the funds of this department. Please write at an early day and explain the nature of some of the disburse- ments. But one lot of supplies, some 1,500 pair shoes, have been received through you from Bermuda. The draft in favor of William- son was given at a time when this department had no funds abroad, and it was not intended that the Ordnance Bureau should be reim- bursed in sterling. The Secretary of War, in fact, had directed the amount to be paid here. These items, with the freight charges on 65 B. C., are the only ones about which this department knows anything. The pay of signal officers at Bermuda is hardly chargeable to this department, especially as at that point next to nothing in the way of quartermasters stores has been received. These explanations are, of course, only desired with a view to adjusting these expenditures as between the bureaus chargeable. A. R. LAWTON, Quartermaster- General. P. S.Reshipments to Nassau will not, of course, be desirable at any time when the vessels engaged in the trade may be diverted to Bermuda, by reason of the establishment of quarantine as to such as come from Nassau. RICHMOND, April 13, 1864. COLIN J. MCRAE, Financial Agent Confederate States, Paris: SIR: Yours of 25th December advising me that you had advanced 50,000 to Major Ferguson has been received. I am gratified to see from the contents of this letter, as also from one addressed to the Secretary of War, that you are fairly impressed wWh the importance of responding liberally to the wants of this branch of the service. Until recently it has drawn nothing from abroad, and its losses by capture have been so heavy during this winter that it still requires, I can assure you, all the aid that can be extended. The demand for shoes will soon be greater than ever, when our armies resume active operations, and the limited quantity of wool in this region of country compels me to look abroad for material for clothing. The only relief that spring brings is in the item of blankets, and even these will have to be accumulated during the summer and fall for next winters use. I regret, therefore, that Major Ferguson was disappointed in the receipt of 25,000, for which a draft was remitted, but at the same time I feel confident that you will continue to aid him, as you have done in the past, to the full extent of your power Page 297 CONFEDERATE AUTHORITIES. 297 To meet the indebtedness of Major Wailer at Nassau I was com- pelled, with the sanction of the Secretary of War, to appeal to you for assistance. The Commissary, Ordnance, and Mining and Niter Bureaus have now, and have had for some months past, 1,500 tons of freight awaiting shipment at Bermuda, so they would appear to need shipping facilities rather than funds to purchase supplies. The supplies of this department have been drawn through Nassau, where no delay has beemi encountered. There is nothing there await- ing shipment, but, on the contrary, an indebtedness of nearly 10,000 for stores long since forwarded. A. R. LAWTON, Quartermaster- General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 42. Richmond, April 14, 1864. I. At the end of each month monthly inspection reports, in accord- ance with forms last furnished, will be forwarded to this office from the headquarters of the different Confederate States armies. These reports to embrace all troops, of all arms, serving with each army. The cover of all documents relating to inspection duties will be marked on the upper left-hand corner, Inspecting Department. II. To secure more full and complete information to this depart- ment, army inspectors will forward, with their own reports, those of corps, division, and brigade inspectors, indorsing the latter with such remarks as will indicate changes which have occurred since previous reports, or give a more clear and full idea of the condition of the Army and the relative efficiency of its different organizations and their commanders. III. Thorough inspections, under arms, of all troops of the armies will be made by the inspectors of the different commands with which they are respectively serving, as follows: Tn-monthly of brigades, semi-monthly of divisions, and monthly of corps. Inspectors at army headquarters will inspect monthly so much of the armny as their other duties will permit, stating in their reports the extent of such personal inspections. To avoid harassing the troops by too frequent inspec- tions, the ranking inspectors will inspect, when practicable, at the same time with the subordinate inspectors and at the stated periods of their inspections. At all inspections the ranking inspector will be accompanied and assisted by his subordinates of the commands inspectedfor example, the corps inspector by the inspectors of the division and of the brigade to be inspected. IV. The requisite inspection blanks will be furnislied from this office upon timely requisitions, the receipt of which will be acknowl- edged by army inspectors, who will look to their proper distribution. V. The commander of each army will have a report of all inspect- ors serving with it forwarded to this office, giving their names in full, their rank, and the command with which they are serving. VI. The following is substituted for paragraph V, General Orders, No. 35, current series, which is hereby revoked: Officers of the Con- scription Bureau will send to the general commanding the army or department in which the commands captured last served such officers and men belonging to them as have themselves escaped capture. The general commuanding will assign them temporarily to depleted organi- zations, or such other duty as he may direct. VII. Paragraph II, General Orders, No. 86, 1863, is modified to this extent: The minimum number prescribed by law for a company o Page 298 298 CORRESPONDENCE, ETC. infantry is sixty-four privates; for a company of cavalry, sixty privates. VIII. Soldiers over the age of forty-five years will be (liseharged from service in the Army at the expiration of their present term of enlistment. Those under eighteen years will also be discharged in like manner when the enlistment expires, unless they are at that time liable to conscription. IX. Paragraph IV, General Orders, No. 34, and paragraph I, Gen- eral Orders, No. 37, 1864, are thus modified: Medical examining boards will forward the original applications of officers (who desire to be retired under the act to provide an invalid corps) and their certificates to the general commanding the army or department to which the offi- cers belong. The general commanding will forward them, with an indorsement of his opinion in each case, through the Surgeon-General to the Adjutant and Inspector General. Certificates of retirement of officers will be issued only from this office. X. All authorities heretofore given to raise troops, or to recruit for any particular command, are hereby revoked. XI. The ordnance depot at Savannah (heretofore regarded as a field depot, and under the command of the district commander), having assumed the proportions of an arsenal, will hereafter be designated as the Savannah Arsenal, and, like other arsenals, will be subject to the supervision of the Chief of Ordnance, Richmond, to whom its commanding officer will report directly. XII. Officers to whom soldiers on detached or detailed duty report will take possession of their descriptive lists, and, in accordance with instructions thereon given, will prepare and certify to the muster- rolls, upon which they receive the pay due them. Payments will be made such soldiers, when in the field, at the end of every two months; when at posts, at the end of each month. Upon these rolls annual settlements of clothing accounts may be made with soldiers on detailed duty at posts. XIII. To prevent their detention on their way home, soldiers leaving the Army on furlough of indulgence will, instead of being furnished with descriptive lists, be paid at their commands to the close of the month preceding the dates of their furloughs, upon detached rolls, signed by their company commanders. XIV. Sick or wounded men sent to hospitals will be paid as hereto- fore, upon hospital muster and pay rolls. Those who, on account of wounds or ill-health, are permitted to go to their homes may be paid upon descriptive lists by the nearest quartermaster or assistant quar- termaster. XV. When soldiers are ordered to rejoin their commands, officers with whom they have been on duty, surgeons in charge of hospitals of which they have been inmates, and quartermasters and assistant quartermasters paying those sick and wounded at home will (after carefully noting upon their descriptive lists payments made to them) return such soldiers their descriptive lists, to be delivered to their company commander, and will also transmit, through the general commanding the army to which they belong, duplicates of the same to the latter. XVI. The following acts of Congress are published for the informa- tion of the Army: AN ACT to provide compensation for officers who may heretofore have performed staff duty under orders of their superior officers. The Congress of the Confederate States of America do enact, That when any officer or private of any legally constituted military organization may have here Page 299 CONFEDERATE AUTHORITIES. 299 tofore, by order of his proper superior officer, performed any staff duty appropri- ate to such command, he shall be entitled to receive pay for the time he was so engaged in the discharge of such duties: Provided, That there was not then present fit for duty any officer duly appointed for the discharge of the same. Approved February 11, 1864. AN ACT to provide tobacco for the Army. The Congress of the Confederate States of America do enact, That there shall be furnished to every enlisted man in the service of the Confederate States one ration of tobacco, under such regulations as the Secretary of War may establish. Approved February 17, 1864. XVII. The Commissary Department will carry out the provisions of the above act in providing and issuing tobacco to enlisted men. Th3 ration is fixed at three-quarters of a pound per month. By order: S. COOPER, Adjutant and Inspector General. SPECIAL ORDERS, ADJT. AND JNSP. GENERALS OFFICE, No. 87. Richmond, April 14, 1864. * * * * * * II. Col. W. H. Fowler being commissioned as superintendent of army records for the State of Alabama and as agent to adjust the claims of deceased soldiers from that State, commanding officers of the armies in which Alabama troops may be serving are requested to afford to him such facilities in the discharge of his duties (as set forth in the subjoined circular) as may not conflict with the interests of the service. OFFICE SUPERINTENDENT OF ARMY RECORDS, STATE OF ALABAMA, January 86, 1864. THE OFFICERS AND SOLDiERS AND OTHERS INTERESTED HEREIN FROM THE STATE OF ALABAMA: The Legislature of Alabama at its recent session instructed the Governor to appoint a superintendent of army records to ascertain the names, rank, organi- zations, and facts concerning troops from the State that have been or may here- after be mustered into the service of the Confederate States, that the same may be compiled into an historical record, to be preserved in the archives of the State, for the benefit and satisfaction of the living, as a grateful tribute to the memory of the dead, and as a welcome presentation to our posterity, who, in freedom hereafter, will proudly hail this glorious roll of the patriot sons of Alabama. I am engaged in this work; but the difficulties in my way are serious, owing to the delay in its commencement, the sad want of systematic records, the imperfect returns to the War Department, the loss of rolls, and the numerous changes and vicissitudes of organizations. The work is, however, eminently worthy to be attempted, and the purpose of the Legislature in ordering it is highly commend- able. I therefore earnestly request all officers and soldiers from the State, the relatives and friends of those who have died or fallen in the field, and all parties interested herein to aid me promptly and vigorously in obtaining the informa- tion required. It is very desirable that all commanding officers of companies, battalions, regi- ments, and batteries from Alabama shall forward to me forthwith complete lists from the beginning, in the nature of muster-rolls, of the men and officers of their respective commands. showing the name, rank, age, description, residence, place, date, and term of enlistment; when, where, and how service terminated; meri- torious facts [acts] of individuals or organizations; alterations and changes in commands or officers; notes of such as have been wounded, captured, died from disease, or killed, and when and where; promotions, resignations, discharges, transfers, permanent desertions, and such succinct narrative of organization, service, marches, battles, incidents, & c., as may be essential for perfect record; and of organizations that have been merged into others or broken up from any cause. I will be glad to receive information from any source that will facilitate investigation Page 300 300 CORRESPONDENCE, ETC. I also request all commanders of companies to send me full descriptive lists of their dead, to aid me in the performance of other important duties with which I am charged in settling claims of deceased soldiers. Surgeons and chaplains can assist me materially by furnishing such memo- randa as they can procure of Alabama troops, deaths in hospitals, & c. Names and facts sent to me by the relatives or intimate friends of deceased soldiers will be very valuable. It is my intention to visit our various organizations personally; but this may be impossible in many instances, and will consume much time, so that I again urge commanders to assist me by the prompt preparation and remittance of the lists above described. Such record as is designed is due to our soldierswill be serviceable to them, to their representatives, and to the State, and I confidently expect the cordial aid indicated above. Let each Alabamian into whose hands this circular may fall consider himself as personally addressed, and set about immediately to forward the matter pre- sented, and I also request every officer of all grades and branches of the service from our State to send me his address (autographic), rank, location, & c., for preservation, reference, and correspondence when necessary. Address: W. H. FOWLER, Colonel, Richmond, Va. III. Col. W. II. Fowler, agent for the State of Alabama for records, & c., will be allowed by commissaries of subsistence to purchase such rations as an officer of his grade in the field is entitled to. He will be afforded transportation to the various armies in the field in the discharge of his duties as State agent. * * * * * * * By command of the Secretary of War: JNO. WIThERS, Assistant Adjutant- General. HEADQUARTERS ARMIES OF THE CONFEDERATE STATES, Richmond, April 14, 1864. General SAMUEL COOPER, Adjutant and Inspector General, Richmond: GENERAL: I have just addressed, this date, to the Commissary- General a note, of which the following is a copy: HEADQUARTERS ARMIES OF THE CONFEDERATE STATES, Richmond, April 14, 1864. Col. L. B. NORTHROP, Commissary-General, Richmond: COLONEL: I have the honor to inform you that it is the desire of the President that the present arrangement of paying toll, in grain, to the mills for grinding our meal or flour in the Department of Henrico be discontiuned immediately; and that the whole of the supplies received shall be devoted to the use of the troops. This has become a military necessity and admits of no delay in its execution. This note is addressed you as immediate information. An appropriate order as your authority will be issued to you from the Adjutant and Inspector Generals Office. Very respectfully, your obedient servant, BRAXTON BRAGG, General. I respectfully request that you cause the appropriate order to issue immediately to the Commissary-General so as to arrest at once the operation of the arrangement which the President desires to have terminated. I am, general, very respectfully, your obedient servant, BRAXTON BRAGG, General Page 301 CONFEDERATE AUTHORITIES. 301 lion. JAMES A. SEDDON RICHMOND, VA., April 14, 1864. Secretary of War: SIR: I have the honor to return inclosed letters to you of Mr. McRae, of 12th and 19th of February last. * They were referred to me by you for examination, and I beg to report as follows: On 14th of September last Mr. McRae wrote that he had advanced for the War Department, out of the Erlanger loan, 544,976 Sd., and requested that warrants to cover said advance be promptly forwarded fo him. It would seem that the above advance was for the various bureaus in these proportions: 8. d. Ordnance Department - 167 044 17 7 Quartermasters Department - 156, 190 6 1 Medical Department 23,662 5 11 Commissary Department 22,500 0 0 Quartermaster and Commissary (for Crenshaw, sterling) 55,000 0 0 Transportation 120,578 10 10 Total. 544976 0 5 The last item includes transportation from England to the islands, purchase of stores, & c. In accordance with Mr. McRaes request, on 30th of November last warrants were forwarded him by a. 4. Ordnance Department for 100,000 0 0 Quartermasters Department for 156, 190 6 1 Quartermaster and Commissary jointly for 55,000 0 0 Total 311,190 6 1 And he was informed that the deficit of 233,785 14s. 4d. would be covered as soon as the appropriations of the bureaus on this side permitted. Now, in addition to the 544,976 Sd. which Mr. McRae had already advanced, it was understood that the War Department was still entitled to 262,500 out of the Erlanger loan. After consultation with the chiefs of bureaus you apportioned out this amount as follows: Quartermasters Department . - 85,000 OrdnanceDepartment 55,500 Commissary Department 40,000 Medical Department _____ 30000 NiterandMining Department 40,000 Engineer Department 12,000 Total 262,500 From Mr. McRaes letter and statements it appears that all the bureaus except the Engineer have forwarded warrants for the amounts to which they were entitled under the above apportionment. The war- rants of the Ordnance, Medical, and Niter Bureaus were all in favor of Major fuse, and seem to have been used by Mr. McRae to cover the advance under which he still was to This use of these warrants reduces the deficit of 233,785 14s. 4d. to 108,28S 14s. 4d. Since letter of 14th of September last Mr. MeRac * See McRae to Seddon, and inclosure, pp. 154,155 Page 302 302 CORRESPONDENCE, ETC. appears further to have furnished the War Department with 52,820 4s. id., and to have received from it in the shape of warrants and bonds 52,476 iSs. (see statement covered by his letter of 19th of Feb- ruary), so that he is at present under actual advance to it of 108,629 3s. 5d. Major Ferguson still has a claim of 35,000 on Mr. McRae, as 50,000 only have yet been paid him on his warrant for 85,000. Mr. W. G. Crenshaw holds the Commissary warrant for 40,000, which Mr. McRae cannot honor. If the Engineer Bureau has drawn for its 12,000 the warrant had not appeared at date of Mr. McRaes letter and statement. Major Waller, of Quartermasters Department, has drawn for 20,000, and the drafts have been accepted by Mr. McRae. Major Huse informs Mr. McRae that he owes 129,593 12s. 4d. The sum total of all this is that Mr. McRae is under advance to the War Department 128,629 3s. Sd., including the accepted drafts, and that the agents of the various bureaus hold warrants on him for 89,000, including the 12,000 of Engineer Bureau, which I presume has been drawn for. These are the facts of the account between the War Department and Mr. McRae. The accounts cannot be thoroughly adjusted until it is definitely ascertained how much the War Department is to get out of the Erlanger loan. A second question will then arise, the apportionment of this amount between the various bureaus and the settlement of accounts between them. The funds of the one have, it would seem, been used to meet the liabilities of the other. Assuming that the share of the War Department out of the Er- langer loan is 807,476 Sd., the accounts between the various bureaus may be adjusted as follows: s.d. The Ordnance Department to draw for 187, 623 8 5 The Medical Department to draw for 23,662 5 11 Commissary Department (now Ordnance Department) 22,500 0 0 Total 233,785 14 4 This will exactly cover the deficit (see eighth line, second page) uncovered by warrants out of original advance of 544,976 Sd. and leave the 262,500 additional to be used by the various bureaus according to apportionment. As Major Waller, of Quartermasters Department, has drawn for 20,000 more than justified by the apportionment made here, it becomes a question whether this amount should not be credited Mr. McRae on the 80,000 warrant held by Major Ferguson, and on which 50,000 have already been credited. Your obedient servant, very respectfully, THOS. L. BAYNE, Lieutenant- Colonel, & c. The above sum of 22,500 has been reimbursed to the Ordnance Department here, and therefore should be covered by the draft of that Bureau. The above arrangement charges the Ordnance Depart- ment with the whole ~l20,578 lOs. lOd. for transportation Page 303 CONFEDERATE AUTHORITIES. 303 EXECUTIVE DEPARTMENT, Tallahassee, April 14, 1864. His Excellency JOSEPH E. BROWN, Governor of Georgia: DEAR SIR: I received from you by telegraph the following commu- nication: MILLEDGEVILLE, GA., April 13, 1864. The Confederate Government refuses to permit the States to export their own products upon their own ships, unless they will allow that Government to occupy half the room of the vessel. Will you uRite with me and other Governors in asking Congress when it assembles to remove the restriction? I promised by telegraph a reply by letter. Most respectfully I decline to unite with you and other Governors in asking Congress to legislate upon the subject. I am not sensible of the political pro- priety of the Governor of a State, or the Governors of States, asking Congress to legislate upon that or any other subject. My judgment does not approve of any dIrect attempt by persuasion or otherwise to be made by the Governor of a State, or the Governors of States, to influence the legislation of Congress. Whenever the acts of Congress shall be considered injurious to any one of the States, or Congress shall fail to legislate wisely upon subjects intrusted by the Constitu- tion of the Confederate States to its legislation, exclusive of the right of legislation by the States severally, joint resolutions by the General Assembly, approved by the Governor of one State (or more States), instructing the Senators and Representatives of the State in Con- gress, seem to me to be more consistent with the sovereignty and dig- nity of the State; more probable to command respect, and better adapted to the government of the State as well as the Government of the Confederate States. It is true that Congress is expected to be in session prior to the General Assembly of this State, or of Georgia, but is it not prudent to defer any anticipated benefit from the legislation which you would suggest, rather than unauthorized by any precedent in a matter of doubtful political propriety to attempt, as you propose, to influence the legislation of Congress? Permit me in candor to say, and most respectfully, that I am not convinced of the necessity of any further legislation of Congress upon the subject. The act of Congress, approved February 6, 1864, and the regu- lations to carry it into effect, approved March 5, by the Secretary of the Treasury, Secretary of War, and the President of the Confederate States, impose no restrictions upon the Confederate States, or any one of them, from exporting any of the articles enumei~ated in the act on their own account, nor is a bond required of the State in any case. I apprehend that if each of the States should undertake to supply the wants of their citizens respectively, whether in military service or at home, the result would be alike disastrous to the Confederate States and the several States. The Government of the Confederate States has better recognized advantages and superior facilities to provide for the armies in service than any one of the States, and to supply the wants of citizens not connected with the Army, if their necessities can only be supplied by traffic with the citizens of foreign nations, it is better to rely upon individual enterprise than upon the respective State authorities. Might not attempt on the part of the States, separately, to relieve the necessities of the armies and citizens by trade with citizens o Page 304 304 CORRESPONDENCE, ETC. foreign nations destroy the confidence and respect which those nations entertain for the ability of the Confederate States as belligerents under a government of their own choice; embarrass Congress under the obligations imposed by the Constitution to provide for the com- mon defense and carry on the Government of the Confederate States; cause our armies and citizens to suffer, and endanger the stability of the Confederate Government, if not entirely destroy it, by a separa- tion of the States? The safety of the people and preservation of their rights under the Government of free, sovereign, and independent States, confederated for mutual protection, demand the utmost confidence and generous support of the State governments to the maintenance of the Confed- erate Government in the execution of sacred trusts which have been confided to it. It is best, therefore, where it can be honorably done, to avoid all conflicts and competition between the State and Confed- erate authorities for political power, or commercial privileges, at all events during the existing war. When the independence of the Con- federate States shall have been achieved and recognized by other powers, and the din of war shall have ceased, the rights of the States and the constitutional powers of the Confederate Government will be adjusted by an intelligent, brave, and free people, to secure the enjoyment of civil liberty to themselves and their posterity. I have the honor to be, very respectfully, JOHN MILTON, Governor of Florida. RICHMOND, VA., April 14, 1864. Hon. R. M. T. HUNTER, Lloyds Post-Office, Essex Gounty, Va.: Mv DEAR SIR: I have your note of the 11th with its inclosures. * I have not been unmindful of the necessity for prompt action in the matter to which you refer, and have made attempts to engage for the service in Canada several gentlemen deemed competent, but they have declined for various reasons. The subject is too delicate to per- mit my entering into details until I have the pleasure of seeing you. I confine myself to saying that two persons specially qualified are now on their way here from the south, and I have reason to hope they will depart on the duty intrusted to them in a few days. One of them, the general agent, is well known to you. I think our friend, whosc letter you inclosed, ought not to expect any further action in his favor at present. You are aware that the business in which he is now engaged was not suggested by me, but was devised by himself as offering a provision which he represented as perfectly satisfactory. I understood that he would rely on his success for remuneration, and was so confident of the result as to declare distinctly that if his expenses were paid he would ask nothing more. A considerable sum has been spent in affording him the opportunity, and he now seems not to have proceeded beyond Halifax before indicating a doubt of success. I cannot appoint a consul there, as he could not get an exequatur, or commercial agent, as none is required; and do not see that anything further can now be done for him, although quite dis- posed to render him any proper service, as well as anxious to oblige you. * Not found Page 305 CONFEDERATE AUTHORITIES. 305 I had previously heard of our soldiers who had sought refuge in Canada, after escaping from captivity, and have made provisions to aid their return to the Confederate States. Will you not be here before the meeting of Congress? As ever, very trnly, your friend, JEFFERSON DAVIS. CIRCULAR ) CONFEDERATE STATES OF AMERICA, WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No. 16. ) Richmond, Va., April 16, 1864. The circular issued from this Bureau on the 10th day of October, 1863, directing enrolling officers to respect the certificates of agents authorized by the Secretary of the Navy, given to 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, is hereby revoked, and in future no such certificate will be resp~cted. Hereafter details for such service will be governed by the regulations pertaiiiing to details for service in the other departments. By order of Colonel Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. CIRCULAR) CONFEDERATE STATES OF AMERICA, ~. WAR DEPARTMENT, BUREAU OF CONSCRIPTION, NoAt7. ) Richmond, Va., April 15, 1864. Persons detailed for bureau service in accordance with special instructions from the War Department should not be disturbed by the officers of conscription. The orders for the reduction of the details are addressed to the chiefs of the bureaus, and the reductions are to be made by them and under their directions. It is only when the details are terminated that the jurisdiction of this Bureau attaches to such persons so as to authorize their removal. Upon any such case coming to the knowledge of enrolling officers they should report the fact for action by the War Department, giving In full all the circumstances of the case that can be collected. By order of Colonel Preston, superintendent: C. B. DUFFIELD, Assistant Adjuta~t- General. GENERAL ORDERS, ADJT. AND INSP. GENERALS OFFICE, No. 43. Richmond, April 16, 1864. I. By the provisions of an act of Congress entitled An act to impose regulations upon the foreign commerce of the Confederate States to provide for the common defense, approved 17th of February, 1864, the exportation of cotton, tobacco, military and naval stores, sugar, molasses, and rice from the Confederate States, except under such uniform regulations as might be made by the President, was prohib- ited; and the President was authorized to employ any portion of the military and naval forces of the Confederacy in order to prevent the 20 R RSERIES Iv, VOL II Page 306 306 CORRESPONDENCE, ETC. departure of any vessels or vehicles that might be employed in carry- ing on a commerce in these articles contrary to law. II. The commanding generals of departments aiid districts will issue orders and instructions to their officers that whenever it shall reasonably appear that any vessel or vehicle has been laden, in whole or in part, with any of the said articles for exportation or conveyance beyond the limits of the Confederacy, or to any place within the Con- federacy not under the control of their civil or military authorities, and whenever there is reason to believe that any of the articles afore- said have been so laden, or have been collected at any place of deposit with a view to exportation or conveyance beyond the limits or lines aforesaid, to seize and detain the same, with the vehicles, teams, and slaves employed, that investigation may be had according to the con- ditions of the act aforesaid and these orders, unless the owner or his agent or bailee has a permit from a collector of the revenue, or from an officer of this Department who may be authorized to grant such licenses. III. The conditions upon which the trade by sea or overland to Mexico can be carried on have been determined by the regulations of the President, and any exportation or attempt to export any of the articles aforesaid contrary to those regulations will authorize the detention of the vessel or other instruments of transport. IV. When a deposit of the prohibited articles is made at a point from which easy access to the lines of the enemy can be obtained, or are on a vehicle apparently on the way to their lines, or in the vicinity thereof, or when the owner is not a permanent resident of the place where the articles are found and from which they 6an easily be trans- ported beyond the lines, or is a suspicious person, detention of the articles and vehicles for inquiry will be made. V. All vehicles, animals, slaves, or other means of transportation, and all cotton or other articles that may be seized, whether by the officers of the revenue or by military authorities, for any violation of law or of these regulations, shall be, without any waste, spoliation, impressment, or injury of any kind, forthwith conveyed and delivered to the nearest marshal or deputy marshal of the Confederate States, and a detailed receipt taken from him, setting forth a full description of the property seized and delivered to him for safe custody. And it shall be the dtity of said marshal or deputy marshal to keep the prop- erty so surrendered in safe custody until the further order of the judge or a commissioner of a district court of the Confederate States having jurisdiction of the subject-matter; and the~said marshal or deputy marshal shall forthwith, upon the receipt by him of the prop- erty seized, give information to the collector of the district, or to the district attorney, or to both if practicable, of all the facts in relation to the seizure of the property and its delivery to him for safe-keeping. VI. No military authority shall presume, under any circumstances, to seize property while being carried under the provisions of the law and of these regulations, for any other cause than a violation of said provisions; nor, in case of seizure, to dispose of the property seized in any other manner than that prescribed in the foregoing regulation. But in case where there is great risk of the property falling into the hands of the enemy, it shall be competent for the proper military authorities to require the licensed carrier to suspend his trip till the danger be passed, or to pursue a different route from that originally designated, or even, in cases of imminent danger, to abandon the trip Page 307 CONFEDERATE AUTHORITIES. 397 VII. Information will be given from time to time from this Depart- ment to the commanding generals of the conditions on which trans- portation by land be made. By order: S. COOPER, Adjutant and Inspector General. STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Hon. J. A. SEDDON, Raleigh, April 16, 1864. Secretary of War: DEAR SIR: Permit me to express the hope that yen will suspend, for the present at least, the enrollment and conscription of the State reserves in North Carolina from seventeen to eighteen and from forty- five to fifty years. Their enrollment now, with the present prospect of their being called to the field from their crops, causes the most general consternation and gloom. I have no hesitation in assuring you that the partial abstraction even of these men from their crops at any time between this and Angust would be followed by the most distressing consequences. In addition to these considerations I beg leave to remind you that the authorities of this State would be left powerless, without the shadow of a militia organization to enforce obedience to law or respect. Having no second-class niilitia, as most of the States have, I presume it cannot be the intention of the Confederate Government to reduce a sovereign State to this dangerous and humiliating condition. Snch a course would be utterly at war with the genius of our new Govern- ment and repugnant to all the professions of the Administration. Our Legislature will convene again in the latter part of May, when I have no doubt steps will be taken to provide such a militia force as the exhaustion of the country will allow. Till that time I insist that you will leave the present organization untouched. In the meantime the Home Guards, now thoroughly organized and pretty well officered, are entirely at your service in case of emergency. Very respectfully, your obedient servant, Z. B. VANCE. EXECUTIVE OFFICE, ]llacon, April 17, 1864. Lieut. Gen. L. POLK, Dernopolis, Ala.: GENERAL: Inclosed is a copy of the order to Captain Ashcraft authorizing him to raise troops for State service. He has not beeii commissioned and will not until discharged from Confederate service. Can you inform me whether he has been discharged or has leave of absence? I am, general, with high respect, your obedient servant, CHAS. CLARK, Governor of lliIitssmsstppm Page 308 308 CORRESPONDENCE, ETC. [Inclosure No. 1.1 SPECIAL ORDERS, IIDQRs. STATE OF Mississippi, ADJT. AND INSP. GENERALS OFFICE, No. 245. ) Macon, December 24, 1863. Capt. T. C. Asheraft is liereby authorized (provided the Confed- erate authorities will grant him a leave of absence for that purpose) to raise a regiment of cavalry for the State service, to serve for two years or the war. The regiment will consist of ten companies, and each company will consist of not less than sixty-four men, exclusive of officers and non-commissioned officers. The company officers will be elected by the men, and hold their offices during the pleasure of the Governor. The field officers will be elected by the regiment, or nominated by the company officers and appointed by the Governor, as may be hereafter ordered. By order of Charles Clark, Governor and commander-in-chief: W. H. MCCARDLE, Colonel and Adjutant- General. [Inclosure No. 2.] GENERAL ORDERS, IIDQRs. STATE OF Mississippi, ADJUTANT-GENERALS OFFICE No. 7. ) Macon, January 26, 1864. I. As many mounted volunteers (not liable to conscription in the Confederate service) as may offer will be received and mustered into the State service, to serve during the war, unless sooner discharged by the Governor. All able-bodied men between the ages of sixteen and sixty years will be accepted. They will be received by com- panies. Full companies will consist of not less than seventy-seven men, officers included. Each company will have one captain and three lieutenants, to be elected by the men. II. The companies will be organized into battalions and regiments, as may be hereafter ordered. Each regiment will have one colonel, one lieutenant-colonel, and one major, to be appointed by the Gov- ernor upon the recommendation of the company officers. Battalions of not less than five companies will b~ entitled to one major, and those of six or more companies to one lieutenant-colonel, and one major should the latter be deemed necessary; these officers to be appointed in the same manner as the field officers of regiments. Regiments, battalions, and companies will be subject to reorganiza- tion or consolidation. III. All commissions will be held during the pleasure of the Gov- ernor, and will be revoked by him when he Jeems fliat the interest of the service requires it. Vacancies will be filled by promotion, appoint- ment, or election, as the Governor may in each case determine. IV. When full companies cannot be conveniently formed a less number will be received as follows: Twenty or more men, with one lieutenant, one sergeant, and one corporal; forty men or more, with two lieutenants, two sergeants, and two corporals. These fractions will be combined into companies as may be hereafter ordered, and until such combination be made the lieutenants will hold the rank of junior second where the fraction has but one, and of second and junior second lieutenants where there are two. V. All men hereafter mustered into the State service will be allowed to remain at home until ordered to active duty, and when so ordered they will be entitled to receive a bounty of $450 (having previously bee Page 309 CONFEDERATE AUTHORITIES. 309 inspected), and thereafter they will receive the same pay and allow- ances as the like troops in the Confederate service. VI. The officers and men will furnish their own horses, which in all cases will be appraised and regularly mustered. The same compen- sation for the use and risk of horses and pay for them when killed will be made as is allowed in the Confederate armies. VII. All pay and allowances to offleers and men will cease while they are absent from duty, whether with or without leave, unless on leave upon a surgeons ccrtificate of absolute disability. VIII. The power to remove all officers is retained by the Governor to enable him to hold them to a rigid accountability for the order, discipline, and good conduct of their men. IX. The Regulations for the Army and the Rules and Articles of War established by the Confederate Government have been adopted by the Legislature of Mississippi for the government of the State forces. They will be rigidly enforced against all delinquents. X. All companies accepted and mustered into service will, until ordered to the field, be assembled at least once a week for company drill.. XI. The Confederate Government has agreed to furnish all the arms required, and they will be placed in the hands of the troops as rapidly as they can be assembled. XII. From the number of companies already offered it is believed that a sufficient number of volunteers will be raised to aid the Con- federate Government in effectually protecting the State, and thus obviate the necessity of a draft from the militia. XIII. Any gentleman desiring to enter the State service is author- ized to raise a company, under the restrictions and in compliance with the terms of this order. By order of Charles Clark, Governor and commander-in-chief: W. H. McCARDLE, Colonel and Adjutant- General. CIRCULAR CONFEDERATE STATES OF AMERICA, ~ WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No. 15. ) Richmond, Va., April 18, 1864. In pursuance of instructions from the Secretary of War, comman- dants of conscripts will grant details until the 1st day of June, 1864, to all persons liable to conscription on the 10th day of April instant who are certified by the Qnartermaster-Gener~d to be in the service of his department on the said 10th of April and necessary thereto. By command of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. SPECIAL ORDERS, ADJT. AND INsP. GENERALS OFFICE, No. 91. * Richmond, April 19, 1864. * * * * * XXXVI. Joseph Jackson, jr., having been commissioned by the Governor of Virginia as recorder of Virginia forces serving durin Page 310 310 CORRESPONDENCE, ETC. the existing war, commanding ofilcers of armies in which Virginia troops may be serving are requested to afford to him such facilities in the discharge of his duties as may not conflict with the interests of the service. XXXVII. Joseph Jackson, jr., recorder of Virginia forces, will l)e allowed by commissaries of subsistence to purchase such rations as a colonel, Provisional Army, C. S.,in the field is entitled to. He will be afforded transportation to the various armies in the field in the discharge of his duties as recorder, & c. XXXVIII. William B. Johnston, having been appointed by the General Assembly of South Carolina as agent for the collection and record, for deposit in the State archives, of the names of the gallant sons of South Carolina who have fallen in their countrys defense, from whatever cause, commanding officers of armies in which South Carolina troops may be serving are requested to afford to him such facilities in the discharge of his duties as may not conflict with the interests of the service. XXXIX. William B. Johnston, State agent of South Carolina for record of deceased soldiers, will be allowed by commissaries of sub- sistence to purchase such rations as a colonel, Provisional Army, C. S., in the field is entitled to. He will be allowed transportation to the various armies in the field in the discharge of his duties as State agent, & c. * * * * * * * By command of the Secretary of War: JNO. WITHERS, Assistant Adjutant- General. HEADQUARTERS GEORGIA RESERVES, Macon, April 19, 1864. General S. COOPER, Adjutant and Inspector General, Richmond, Va.: GENERAL: In accordance with directions from the Adjutant and Inspector Generals Office, I have the honor to inform you that the regiments and battalions on the inclosed list herewith returned, with the exceptions of the First, Second, and Twenty-third Battalions, formed the late Georgia State Guard, and were mustered out of serv- ice on or about the 4th day of February, 1864, their term of enlist- ment having expired. The First and Second Battalions are accounted for on the list. The rrwenty4hird is composed of the employds at the Athens Armory, and has never formed a part of my command. Brig. Gens. A. Iverson and H. R. Jackson served with me and reported through me to the Department on March 3, 1864, as my let- ter to you of that date will show. General Iverson has since been assigned to the command of a brigade of cavalry in the Army of Tennessee, and General Jackson was assigned to duty with my pres- ent command on April 6,1864, by orders from your office. I am , general, very respectfully and truly, yours, & c., HOWELL COBB, Major- General, Commanding Page 311 CONFEDERATE AUTHORITIES. [Inclosure.] List of Georgia State organizations. 1st Regiment Infantry, Col. W. H. Dabney. 2d Regiment Cavalry, Col. John B. Wilicoxon. 8d Regiment Cavalry, Col. Robert Toombs. 4th Regiment Cavalry, Col. Robert White. 5th Regiment Infantry, Col. W.. L. Salisbury. 6th Regiment Infantry, Col. W. A. Lofton. 7th Regiment Infantry, Col. G. N. Lester. 8th Regiment Infantry, Col. J. T. Hen- derson. 9th Regiment Infantry, Col. P. H. Mell. 10th Regiment Cavalry,Col. J. J. Floyd. 11th Regiment Infantry, Col. A. T. Mc- Intyre. 12th Regiment Infantry, Col. W. H. Robinson. Floyd Legion, Col. James G. Yeiser. Cherokee Legion, Col. James E. Rusk. 1st Battalion Infantry, Lieut. Gel. J. B. Oliveros.a 2d Battalion Infantry (no field offi- cers) .a 3d Battalion Infantry, Lieut. Col. G. W. Lee. 4th Battalion Infantry, Maj. A. White- head. 5th Battalion Infantry, Maj. W. A. Wilson. 6th Battalion Cavalry, Lieut. Col. A. B. Culberson. 7th Battalion Cavalry, Maj. Linton Stephens. 8th Battalion Cavalry, Maj. J. T. Stephens. 9th Battalion Cavalry, Maj. William Phillips. 10th Battalion Mounted Infantry, Maj. H. F. Price. litlrBattalion Infantry, Maj. John Cooper. 12th Battalion Cavalry, Maj. T. R. Stewart. 13th Battalion Infantry, Maj. C. C. Yar- borough. 14th Battalion Infantry, Maj. J. E. Jones. 15th Battalion Cavalry. Lieut. Col. E. T. Jones. 16th Battalion Cavalry, Maj.D.M.West. 17th Battalion Infantry, Maj. J. W. McGee. 18th Battalion Infantry, Lieut. Col. Charles A. Platt. 19th Battalion Infantry, Lieut. Col. D. B. Thompson. 20th Battalion Infantry, Maj. H. (+. Wright. 21st Battalion Infantry, Maj. J. B. Ken- edy. 22d Battalion Infantry, Lieut. Col. N. A. Carswell. 23d Battalion Infantry, Maj. F. W. C. Cook. [APRIL 20, 1864.For Forrest to Jack, in relatioii to raising troops in West Tennessee, see Series I, Vol. XXXII, Part III, p. 798.] CIRCULAR ) CONFEDERATE STATES OF AMERICA, ~. WAR DEPARTMENT, BUREAU OF CONSCRIPTION, No. 19. ) Richmond, Va., April 21, 1864. Commandants are instructed to investigate with special care the cases of all persons claiming to be citizens of Maryland. Unless the parties can prove beyond all reasonable doubt that they are not residents of the Confederate States, they ~vill be assigned to the Army in accordance with existing regulations for the disposition of conscripts. In case such proof is given the parties will be forthwith reported to this Bnreau, with descriptive lists, and notified that they will be expected to report in person either to Major-General Elzey, at Staun- ton, or Col. Bradley T. Johnson, at Hanover Junction, Va., for incor- aNot forwarded by General Cobb. 31 Page 312 312 CORRESPONDENCE, ETC. poration with the Maryland Line, failing to do which they will rendet themselves liable to be considered alien enemies. By order of Col. John S. Preston, superintendent: C. B. DUFFIELD, Assistant Adjutant- General. MONTGOMERY, ALA., April 21, 1864. General BRAXTON BRAGG, Richmond, Va.: GENERAL: It has been ordered that the supplies of Georgia be for- warded to the Army of Virginia and that the Army of Tennessee be snstained from Alabama. The corn crop of the eastern section of this State was limited and will not afford a supply; hence the neces- sity of depending upon the middle and western portions. The only outlet for the removal of stores from Central Alabama is the Mont- gomery and West Point Railroad, which has not capacity for the requirements of the Government. Its gauge is narrower than that of the other Ihoads, and it is now deemed impracticable to increase its rolling-stock. I~would respectfully call your attention to the completion of the railroad from Talladega, Ala., to Rome, Ga., a distance of fifty-three miles, the track for which, I am informed, is graded through. This would complete the line to the Alabama and Tombigbee Rivers, and the rich land of all that portion of the State. The great pressure upon this, the only available, line would be relieved, and the most productive section now within our reach brought in easy communi- cation. I have understood the value of this improvement has been before represented, and pressing necessity alone induces me to ask that con- sideration which the importance of supply demands. Your obedient servant, PARKER CAMBELL, Major, & c. [First indorsement.] APRIL 29, 1864. Respectfully referred to the Honorable Secretary of War. The subject is one of great importance, which has previously received my favorable indorsement. BRAXTON BRAGG, General. [5e,ond indorsement.] MAY 3, 1864. Engineer Bureau for consideration. J. A. S. [Third indorsement.] ENGINEER BUREAU, May 17, 1864. Respectfully returned to Honorable Secretary of War. Lient. Col. Minor Meriwether received instructions a month since to do all in his power to press forward this connection. A letter has been written calling his attention to this important subject again, and I believe that everything will be done that can by Colonel M. A. L. RIVES, Colonel and Acting Chief of Bureau Page 313 CONFEDERATE AUTHORITIES. 313 DEPARTMENT OF JUSTICE, Richmond, April 22, 1864. The PRESIDENT: SIR: I have the honor to acknowledge the letter of General Bragg submitting to me by your direction an inquiry as to the legal status of certain general officers, to wit: First. Those appointed under sixth section of the act to provide for the public defense, approved 6th March, 1861, and the amenda- tory acts of 18th September and 6th October, 1862. In relation to this class it is stated some have been left out of command by the great reduction of the rank and file, rendering a consolidation of brigades and divisions necessary; some by the breaking up and dispersion of their commands, as in the cases of the garrisons of New Orleans and Vicksburg; some have left their com- mands from sickness, wounds, & c., and prolonged absence has ren- dered it necessary to fill their places. Second. Lieutenant-generals, who may have been relieved of their commands by various casualties, as in the case of Lieutenant-General Pemberton at Vicksburg. His command, as exchanged, has been assigned to other corps. So, also, of Lieutenant-General Holmes, first relieved from duty in Arkansas, who reports here for assignment. The acts authorizing the appointment of brigadier and major gen- erals in the Provisional Army are the following: Act of 6th March, 1861, to provide for the public defense, section 6: That the President is hereby authorized to organize companies so tendering their services into battalions or squadrons, battalions or squadrons into regi- ments, regiments into brigades, and brigades into divisions, whenever in his judg- mnent such organization may be expedient; and whenever brigades and divisions shall be organized, the President shall appoint the commanding officers for such brigades and divisions, subject to the confirmation of Congress, who shall hold their offices only while such brigades and divisions are in service. By the acts of 8th May, 1861, to raise an additional military force to serve during the war, and 11th May, 1861, to make further pro- vision for the public defense, the troops therein authorized to be received were directed to be organized according to the provisions of the foregoing act of 6th March, 1861. Act of 13th October, 1862, to increase and regulate the appoint- ment of general officers in the Provisional Army: That the President be, and is hereby, authorized, by and with the advice an4 consent of the Senate, to appoint twenty general officers in the Provisional Army, and to assign them to such appropriate duties as he may deem expedient. It will be more convenient to consider the case of maj5r and briga- dier generals separately from that of lieutenant-generals. They may be divided into two classes: First, major and brigadier generals appointed under the acts of 6th March, 1861, and 8th and 11th May, 1861. These are all governed by the sixth section of act 6th March, 1861, above cited. The intention seems too plain for doubt. It was to prevent the accommodation [accumulation] of supernumerary generals, which would cheapen the honor of promotion and be a useless burden upon the Treasury. The President is not authorized to appoint major and brigadier generals at his discretion. No such appointment can be made unless there is an organized brigade or division, to the com- mand of which the appointee is to be assigned, and by the express words of the act, whenever the brigades or divisions go out of service the generals are no longer to hold their offices. The office depend Page 314 314 CORRESPONDENCE, ETC. upon the organization; is lawful only when that is complete; con- tinues only while it exists, and expires with it, unless there be some other organized brigade or division to the command of which the officer may be and is assigned. It was not the intent of the act so to blend together the organization and the office that neither could exist apart from the other. Its chief purpose, as has been said, was to prevent the Army from being burdened with supernumerary and use- less officers. Whenever, therefore, an officer has been duly appointed to an organized brigade or division, it is within the scope and policy of the act that the President may assign him to the command of any other organized brigade or division. So, when the orgauization of a brigade or division is destroyed, the President may assign the general who commanded it to any other vacant brigade or division, and is not compelled to make a new appointment for this last command. I am of the opinion, therefore, that the major and brigadier generals appointed under these acts, whose commands have lost their organization by con- solidation or by the casualties of war, ~and who cannot be assigned to the command of some other organized brigade or division, have lost their commissions. As to the other classthose whose long absence, from sickness, wounds, & c., has rendered it necessary to fill their places, the organization of their commands remaining unchangedit is under- stood that one of the main objects in passing the act of 13th October, 1862, was to furnish the President with the means of filling their places temporarily, so that they might not Lose their grade by having become disabled in the public service. And it is as consistent with the policy of the law as it is with justice and humanity that such absent officers should not lose their commissions in cases where other offi- cers appointed under the act of 13th October, 1862, have been assigned to their commands; and they may be restored to their com- mands upon returning to duty. This class may present another condition. Such officer upon report- ing for duty may be unfitted by his wounds for commanding a bri- gade or division in the field, but may be capable of discharging other duties appropriate to his grade. Time President may appoint him under the act of 13th October, 1862, provided the whole twenty have not already been appointed. But can he under that act be con- tinued in his grade under his old commission and with his old date? I think not. The act gives the President an authority which he did not before possess. It empowers him, by and with the advice and consent of the Senate, to appoint twenty general officers, & c. It contemplates future action by the President .and S~nate, and not a mere passive confirmation of something which has been done before. Some of these officers were appointed under the Provisional Govern- ment. It cannot be contended that their former confirmation by the Provisional Congress would fulfill the condition of the advice and consent of the Senate, required by the act. If so, the mere will of the President to let them remain in their grade would amount to an appointment by him without the consent of the Senate, which is against the express words of the act. I think that an act which authorizes the appointment of an officer cannot be construed so as to continue an appointment already made under a former act passed diverso intuiiu, more especially when such a construction would necessarily give a rank which antedates the passage of the law. Second. Major and brigadier generals, appointed under the act of 13th October, 1862. This act is general in its terms. It auth6rize Page 315 CONFEDERATE AUTHORITIES. 315 an appointment, not for any particular command or organization, but for general duty in the Provisional Army, according to the assign- ment of the President; and it contains no limitation of their terms of office. I am of the opinion that the geuerals appointed under this act hold their commissions during the war. The acts authorizing the appointment of lieutenant-generals in the Provisional Army are the following: Act of 18th September, 1862, to alncn(l an act entitled An act to provide for the public defense: That the sixth section of the act to provide for the public defense, approved on the 6th March. 1861, 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 brigadier-general. Act of 6th October, 1862, to provide for the organization of army corps, which is substantially the same with he one last cited, and seems to have been passed by an oversight, as it contains no provision not in the former act, and effects its purp6se in precisely the same way. Act of 13th October, 1862, authorizing the appointment of twenty general officers, above mentioned. Act of 17th of February, 1864, relating to the appointment of a gen- eral and lieutenant-generals, section 2: That the President may, by and with the advice and consent of the Senate, appoint lieutenant-generals in the Provisional Army of the Confederate States, when in his discretion it shall be deemed necessary for the c mmand of any one of the military departments. Section 3: That the officers appointed under the provisions of this act shall continue to hold the rank herein provided so long as they shall efficiently discharge the duties in command of said several departments, and no longer, but will resume there- after their former rank in the service. The lieutenant-generals may be divided into three classes: First. Those appointed under the acts 18th September an~d 6th October, 1862. These acts are amendatory of the act of 6th March, 1861, and are to be understood as if their provisions were inserted in the body of that act. Their effect is to enlarge the organization of the Provisional Army and to create a higher grade of general officers. But the policy of the former act is not changed, and the officers of this higher grade are subject to all of its provisions. Lieutenant- generals, therefore, appointed under these acts hold office only while in command of an organized corps. Those whose comm~nds had lost their organization, and those relieved of their command while the organization of their corps remains nnchanged, may be assigned to any other organized corps; but if there be no such corps to which they can be assigned they lose their commissions. Second. Lieutenant-generals appointed under the act of 13th Octo- ber, 1863, authorizing the appointment of twenty general officers, for the reasons assigned in relation to brigadier and major generals, hold their commissions during the war. Third. As none of the cases presented have arisen under the act of 17th February, 1864, the construction of that act is not called for now, and it would not be proper to express an opinion. GEO. DAVIS, Attorney- General Page 316 316 CORRESPONDENCE, ETC. HEADQUARTERS ARMIES OF THE CONFEDERATE STATES, Richmond, April ~2, 1864. Col. WILLIAM PRESTON JOHNSTON, Aide-dc- Camp: COLONEL: The views expressed in the draft of a message to the Senate, returning with objections the staff bill of last session, occur to me as sound, and some of them so important as to have precluded the approval of the bill in the shape passed. Our staff requires great modification and adni its of much improve- ment. Its greatest wants, however, can only be supplied by time, experience in service, and high military education. No increase in rank or number can cure, though it may palliate, the radical defects of our present imperfect organization. The great error of the bill was in making the staff almost entirely personalthe mere creation of the general. Our present inefficiency is due almost entirely to this cause. A system of favoritism and nepotism has been the natural result, and inefficiency its consequence. The staff, except the personal aides of the general, should be consid- ered as a component part of the command and remain with it without reference to change of commanders. The staff corps should be so organized as to allow the assignment by the War Department of the following officers to armies and their component parts, and the President should have power to increase these corps, so as to allow special assignments to detached commands, large geographical departments, and fixed posts: Army, two or more corps: Chief of staff, with rank of brigadier; assistant adjutant-general, with rank of colonel, and two assistants; inspector, with rank of colonel, and two assistants; quartermaster, with rank of colonel, and one major; commissary, with rank of lieutenant-colonel, and one captain; medical, with rank of surgeon, with pay of lieutenant-colonel, and one with pay of major; ordnance, with rank of colonel, and one major. Corps: Adjutant-general, lieutenant-colonel, and one major; inspector, lieutenant-colonel, and one major; quartermaster, one lieutenant-colonel; commissary, one major; ordnance, one major; medical, one surgeon. Division: Adjutant-general, one major; inspector, one major; quartermaster, one major; commissary, one captain; ordnance, one captain; med- ical, one surgeon. Brigade: Adjutant-general, one captain; quarter- master and commissary, one captain; medical, one surgeon. The following, it seems to me, would be ample for the personal staff of the several grades of general officers: Aides-de-camp, brigadier, one first lieutenant; major-general, one captain; lienteflant-gerteral, one major and one captain; general, one lieutenant-colonel, one major, and one captain, and when commanding one or more armies, one military secretary, with rank of colonel. Very respectfully, your obedient servant, BRAXTON BRAGG. RICHMOND, VA., April 28, 1864. his Excellency THOMAS H. WATTS, Governor of Alabama: Mv DEAR SIR: Your letter of March 8* was duly received by me, but an answer has been necessarily delayed by its references for the * Not found Page 317 CONFEDERATE AUTHORITIES. 317 purpose of fuller information. I trust now, however, that arrange- ments have been made by which the conscript act and provost duty may be effectively carried out, as suggested in your letter, by the employment of reserves instead of able-bodied men liable to military duty. It would seeni that where these reserves are composed of reli- able citizens, and a resort to military force is requisite, either in enforcing the conscript act or for the preservation of the community from evils of other sorts, that those acquainted with the localities and who cannot go to the field for active duty are the proper agency to be used. I am well assured that in this and all other measures for vigorously and successfully prosecuting the war to a triumphant issue that the Confederate Government will receive your hearty co-operation and assistance. Please accept the assurances of my continued regard and esteem. Very respectfully aud truly, yours, JEFFERSON DAVIS. HEADQUARTERS DISTRICT OF THE GULF, Mobile, Ala., April 23, 1864. General SAMUEL COOPER, C. S. Army, Adjutant and Inspector General, Richmond, Va.: GENERAL: I respectfully suggest to the consideration of the War Department the establishment here of a military school for the edu- cation of young officers. There are many young gentlemen serving as privates in the ranks who would derive much benefit and be enabled to render better service if the means of education were afforded them. Mobile seems to me to be the best place iu the southwest for the estab- lishment of military schools, and at this time there are several officers ou duty here, graduates of military colleges aud men of good ability and attainments, who will gladly aid in organizing a good system of military education. I have requested Colonels Burnet, Beltzhoover, Sheliha, Brown, and Quattlebaum, and Major Trueheart to submit to me a project for military education, which, if desired, I will transmit to the War Department for the consideration of His Excellency the President. I am, general, very respectfully, your obedient servant, DABNEY H. MAURY, Major- General, Commanding. [First indorsement.] ADJUTANT AND INSPECTOR GENERALS OFFICE, May 17, 1864. Respectfully submitted to the Secretary of War. H. L. CLAY, Assistant Adjutant- General. [Second indorsement.] MAY 21, 1864. ADJUTANT-GENERAL: I believe there is a law for the establishment of a military school, but it has not been considered practicable to establish and put it in operation during the war. The best military education just now must be found in the field. Note and please look up the law and let me see it. J. A. S., Secretary Page 318 318 CORRESPONDENCE, ETC. [Third indorsement.] ADJUTANT AND INSPECTOR GENERALS OFFICE, June 7, 1864. Respectfully returned to the Secretary of War. There is no law authorizing the establishment of a military school. H. L. CLAY, Assistant Adjutant- General. [APRIL 23, 1864.For Seddon to Vance, in regard to suspending the execntion of the conscript law in the mountain counties of North Carolina, see Series I, Vol. LIII, p. 329.] DEPARTMENT OF JUSTICE, Richmond, April 26, 1864. Hon. JAMES A. SEDDON, Secretary of War: SIR: The papers transmitted by you in the case of A. C. Myers present the following facts: On the 15th of April, 1861, A. C. Myers was appointed lieutenant- colonel in the Quartermasters Department, and after that date he is styled Acting Quartermaster-General in the correspondence of the War Department. On the 15th of February, 1862, he was nominated to the Provisional Congress in the following words: A. C. Myers, of South Carolina, Quartermaster-General, to be colonel, to take rank from the date of his confirmation, and the nomination was confirmed the same day. On the 27th of January, 1864, Brig. Gen. A. R. Lawton was nominated to the Senate to be Quartermaster-General, to rank as brigadier- general from April 13, 1861, the date of his confirmation to that grade by the Provisional Congress. On the 17th of February, 1864, the Senate passed the following reso- lution: Resolved, That the Senate advise and consent to the appointment of A. R. Law- ton to be Quartermaster-General, to take rank from the date of confirmation. The several acts of Congress under which these appointments were made are the following: Act of 26th of February, 1861, for the establishment and organiza- tion of a general staff, section 3: That the Quartermaster-Generals Department shall consist of one Quartermas- ter-General with the rank of colonel, six quartermasters with the rank of major; and as many assistant quartermasters as may from time to time be required by the service may be detailed by the War Department from the subalterns of the line. Same act, section 6: That the officers of the Adjutant-Generals, Quartermaster-Generals, and Commissary-Generals Departments, though eligible to command, according to the rank they hold in the Army of the Confederate States of America, shall not assume command of troops unless put on duty under orders which specially so direct by authority of the President. Amendatory act of 14th of March, 1861, sectiomi 3: That the Quartermaster-Generals Department shall consist of one Quartermas- ter-General with the rank of colonel, one assistant quartermaster-general wit Page 319 CONFEDERATE AUTHORITIES. 319 the rank of lieutenant-colonel, four assistant quartermasters with the rank of major, and such other officers in that department as are already provided by law. Act of 2Othof March, 1863: That from and af