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 ■Ji 
 
 MESSAGE 
 
 OF HIS EXCELLENCY 
 
 JOSEPH E- BROWN, 
 
 TO TilG LEGISLATURE OF THE STATE OF GEORGIA, 
 
 CONVENED IN EXTRA SESSION, 
 
 AT 
 
 MACON, GEORGIA, 
 February 15th, 1865. 
 
 EXECUTIVE DEPARTMENT, ) 
 Macon, Ga., Feb. 15th. LS65. > 
 
 To the Senate and House of Representatives : 
 
 Since your adjournment in November, the army of inva- 
 sion led by a bold and skillful General, have passed 
 through our State, laid waste our fields, burned manv dwel- 
 ling houses, destroyed county records, applied the torch to 
 giu-houses, cotton, and other property, occupied and dese- 
 crated the capitol, an i now hold the city of Savannah, 
 which gives them a water base from which they may in 
 future operate upon the interior of the State. 
 
 The army of Tennessee, which "contained a large number 
 of Georgia troops, and was relied on as the only barrier to 
 Sherman's advance, the removal of w ft Georgia at 
 
 the mercy of the enemy, was ordered « ,' the Ten 
 
 see river upon a campaign which has d in disti 
 
 In the mi 1st of these misfortunes ( 1 tauilted 
 
 by some ol the public journals of othi 1Cl - 
 
 people did not drive back and dostro\ y of th< 
 
 ? f i'i©5 , 3 
 
. 
 
 my. Those who do us this injustice fail to* state the 
 known fact that of all the tens of thousands of veteran in- 
 fantry, including most of the .vigor and manhood of the State. 
 which Bhe had furnished for Confederate service, but a 
 single regiment (the Georgia Regulars,) of about three !nui| 
 dred effective men, was permitted to be upon tier soil da- 
 ring the march ofXJeuenal Sherman from her North-wes- 
 ters border to the city of Savannah; and even that gallant 
 regiment was kept upon one w our islands most of the time, 
 and not permitted to unite with those who met the enemy. 
 Nor were the places bfourabsent sons filled by troOps from 
 other S'nies. One brigade of Confederate troops was sent 
 by tin- President from North Carolina, which reached G< 
 . : t , r her capital was in the possession o( the enemy. 
 
 Thus abondonea to r.er fate and neglected by the Con- 
 federate authorities, the Siate was left to deiend herself as 
 .,.. could :■. victorious armj of nearly fifty 
 
 thousand of the best trained veteran troops of the United 
 s, with only the Geoigia reserves and militia, consist- 
 ing oi a few thousand old men and boys, while tier army of 
 able-bodied gallant sons were held lor the defence of other 
 States, and denied the privilege to return and strike an 
 honest blow lor the protection of their hone's their prop- 
 erty, their wives #ad their children. 
 
 While the Confederate reserves in other States have been 
 lint little of their time in the field on active duty, and the 
 militia consisting ot boys between sixteen and seventeen, 
 and old men between fifty mid sixty, and agriculturalist! 
 detailed by the Confederate Government, have not in mosk 
 of the States been called out at all, the Confederate reserves, 
 the reserve militia, the detailed men, the exempts from < Ion- 
 federate service, and most ot the State officers, eivil as well 
 ««» military, have in this State been kept in the field almost 
 constantly lor the last eight months. 
 
 These troons of Classes not ordered out elsewhere were 
 placed under the control of the Confederate General com- 
 manding the departmi pit, and have participated in every im- 
 portant light from Kenncsaw in this State to ( Jraham villtt 
 or Honey Hill in South Carolina. The important victory 
 at the latter place was achieved by the Georgia militia, the 
 
 Georgia reserves, the G "gia State line, the Forty-seventh 
 
 Georgia Regiment, and ;l very small number of South Caro- 
 linians, all commanded by that able and accomplished ofti- 
 er, Major General G. W Smith, of the Georgia militia. As 
 I have seen no Confederate oflicial account of this important 
 igement, which gives the credit where it is justly due, I 
 mention these facts as part of the history of our State. 
 
 If all the sors ef Georgia under arms in other States, of 
 which nearly fifty regiments were in Virginia, besides those 
 in the Carolinas, Florida and Tennessee, had been permitted 
 
to meet the foe upon her own soil, without other assistance. 
 General Sherman's army could never have passed from her 
 mountains to her seaboard, and destroyed their property 
 and their homes. Ho had nearly four hundred miles to 
 march over an enemy's country ; he was entirely dependent 
 upon the wagon train which he carried with him for a sup- 
 pi^ of 'ammunition, Without the possibility of replenish in fl- 
 atter what he had was consumed. Had he been resisted 
 from the start by a competent force, and compelled to fight, 
 his ordnance stores must soon have been exhausted, and he 
 forced to an unconditional surrender. Such another oppor- 
 tunity to strike the enemy a stunning blow will not proba- 
 bly occur during the war. The destruction of this army 
 would have re-inspired our people with hope, depressed the 
 spirits of our enemies, and might have prepared the wav 
 speedily for the negotiation of an honorable peace. It could 
 have been done by the Georgia troops if permitted. It 
 should have been done at the expense, if necessary, of the 
 evacuation of Richmond, and the use of Gen. Lee's whole 
 army thrown rapidly into Georgia! for that purpose. No one 
 would regret more than I to see that city, which has been 
 so long -M\d so nobly defended, surrender to the enemy; but 
 it rtiust be admitted, since the devastation of the country 
 beyond, that it is now only a strong out-post of little mili- 
 tary importance, compar ;d with the great interior. It must 
 also be admitted that Richmond is rendered insecure by the 
 successes of General Sherman in the interior, and the posi- 
 tion he has gained in the rear of that and other strongholds, 
 which were relied on for defence. If his unobstructed 
 movement through Georgia must result in the loss of Rich- 
 mond, how much better it would have been if we had give* 
 the evacuation of Richmond for the destruction of his ar- 
 my. 
 
 1 have felt it my duty to refer to these facts in justice to 
 my State, of which it may be safely said she has had a lar- 
 -»'r proportion of her- white male population under arms for 
 the last eight months, in defence of our cause, than any 
 other State in the Confederacy. On account of the attach- 
 ment el' her people to the cause of State sovereignty and 
 constitutional liberty, and their remonstrances against un- 
 iable usuipations of power by the Confederate govern- 
 ment, Georgia has been systematically if not wilfully mis- 
 represented by government officials and organs, who give 
 circulation to the mo3t reckless and unjust comments upon 
 the conduct of the people of the State and her government, 
 without the magnanimity or common honesty to publish 
 the facts when laid before them, which show their state- 
 ments to be without any real foundation in fact. As an in- 
 stance, I mention the fact that it has been industriously cir- 
 culated that I, as Governor of the State, have kept fifteen. 
 
thousand men out of service under the exemption acts. I 
 corrected this misrepresentation by • published statement. 
 which showed t hut 1 had put into service classes of person* 
 not ordered out in other States, and that the whole number 
 of State officers in Georgia, who have been held by me un- 
 der the legislation of the Stale to be exempt from military 
 kv'rvice, was only 1,150, of whom a large proportion Are 
 over military age. This correction was pa- M d in silence 
 by many who had given publicity to the groundless charge, 
 which was intended to be injurious to the Governor of tho 
 Mate, to the persons exempted by her laws, and to the 
 i haraeter other people. I am satislied, however, that im- 
 partial history will do justice to the government and peo- 
 .)!,■ of Georgia, as well as to the conduct and motives of her 
 ants, who have stripped her of her strength and left 
 ner to the ravages of her torcign enemies. 
 
 THE MILITIA. 
 
 Kxperience has shown the necessity fur amendments in 
 our militia laws. The laws should be so changed as to pro- 
 vide for a separate organization of the old men over fifty 
 vearsof age, under officers of their own numbertobe elect- 
 ed by them. All ciyil ©{fitters of the several counties now 
 exempt from service should be made subject to militia duty 
 in these organizations. 
 
 When organized the Reserve Militia of this class should 
 be required to do all necessary police duty in their several 
 counties, and to arrest, and turn over to the proper authori- 
 al 1 deserters from State or Confederate service, and all. 
 persons subject to State service, who do not immediately 
 report for duty, when required by General Orders. On 
 failure to discharge this duty faithfully and efficiently, the 
 Governor should" be authorized to order them into the field 
 for active duty in plaee of those permiited by them to re- 
 main at home, who owe active service. 
 
 As the detail of the men over fifty yea/I of age for this 
 service at home, who were called out prior to the organiza- 
 tion of part of the brigades, now in the fifld, has reduced 
 them below the proper number of a brigade, and has left 
 supernumerary officers, provision should he made lor a re- 
 organization by election of the Brigades, Regiments, Bat- 
 talions and Companies now in service, reducing the number 
 of organizations as may be proper, and the commissions of 
 all not elected should be suspended and they be required to 
 do service. This would make the organizations more effec- 
 tive. The militia under fifty years ol age organized as above 
 suggested should be known as the Active Militia. 
 
 A permanent General Court Martial should be establish- 
 ed for the trial of deserters and other delinquents. This 
 would secure the enforcement of discipline, and the. execu- 
 tion of a few guilty persons, woi td ti p desertion. The 
 
 0m St O 
 
5 
 
 militia organization completed upon this basis should be 
 kept by the State during the war for the defence of her 
 territory, and the execution of her laws, and should, in no 
 case, be turned over to the unlimited control of the Confed- 
 erate Government or any other power. Nor should it be 
 sent out of the State unless it is for the protection of some 
 part of our border, except in such cases of emergency as in 
 the opinion of the Governor make it proper that Georgia 
 give aid for a limited time to a sister State. 
 
 The Confederate Constitution authorizes the State to keep 
 troops it) time of war. This is a reserved right, the exercise 
 of which by the State violates no right of the Confederate 
 Government, and infringes upon no delegated powers ; nor 
 is the exercise of a plainly reserved right by the State a 
 breach of faith either to the Confederacy or any sister 
 State. 
 
 Our recent sad experience has shown the wisdom of the 
 reservation. But for the troops kept by the State the city 
 where you are now assembled would have been occupied, 
 plundered and sacked by the enemy in their late march 
 through the interior. 
 
 The constitution limits the State to no particular class or 
 age. She may keep troops composed of any part of her citi- 
 zens whom she may chose to organize. If we admit the 
 constitutionality ot conscription which authorizes Congress 
 to conscribe our citizens to raise armies, that provision of 
 the constitution must be construed with, and limited bv, 
 the reservation in the same instrument of the right of the 
 State to keep troops ,in time of war. This would make the 
 jurisdiction of the Confederate and State Governments con- 
 current ovr the arms-bearing population of the States in 
 time of w;:r. It follows in that case that the Government 
 which first organizes and places the troops in actual service 
 lias a right to hold them as against the other. The State 
 acted upon this rule in the organization of the two regi- 
 ments of the State Line, composed of persons of all ages 
 able to do service who volunteered. Her right to keep 
 these troops has never been questioned by the Confederate, 
 Government, nor indeed can it be. 
 
 That portion of the militia organization not composed of 
 Confederate exempts are generally of the most useful class 
 Bgricalturiits, whose services at home during the more 
 critical period of the Crop, are indispensably necessary to 
 the production of supplies.. Whenever these men can be 
 spared from home they should be kept in service, if the 
 irgency require it. But they should not be turned over 
 to unlimited Confederate control to be carried away from 
 the State permanently, to the ruin of her material aj»d pro- 
 ductive interests. So long as they faithfully discharge their 
 duty when called out, the State should keep them, giving 
 
u furloughs at such times as nr-> necessary t< 
 
 their crops, if it can posibly he ^ow. Aii who arc ibseol 
 without leave, when ordered out by the. Slate, >liou].l 'i, 
 turnod over to Co cviee J«>r the war withot 
 
 gard to rank or Bge. This would stimulate them to ] r< 
 obedience to orders when failed. The chief difficulty in 
 the way of granting furloughs for Limited periods whei 
 
 troops could he sjmred, grow* out of the fact that they 
 
 often fail to respond promptly at the end of the time al- 
 lowed them. 
 
 On the 30th of August last, when the militia under the 
 command of MsjOivGeneral G. W. Smith, were in tin* 
 trenches around Atlanta, a ren short time before the fall 
 of the oily, the President made a requisition upon me 
 lor them with all others that I might be able to organize. 
 At the time the requisition was made these troops had been 
 for months in active service with the Army of Tonnes 
 under the command of the General who controlled it. They 
 bad participated in several engagements — had acted with 
 distinguished gallantry; and had been about forty days 
 almost constantly under lire around the city. Rations were 
 issued to them by order of the Confederate General in com- 
 mand — and he had promised that they b! itild he paid as 
 other troops in the Confederate service. 
 
 These troops were composed mostly of hoys betweeu 
 sixteen and seventeen and old men between fifty and lil'tv- 
 iivc years of age, who are no; subject to service by the laws 
 of Congress, in the army of the Confederacy. No law of 
 Congress makes them in ai y way subject to the President's 
 control. The statnte of the State declares positively that 
 they shall not be subject to any draft or compulsory pre 
 to ii!l any requisition made by the President of the Confed- 
 erate States upon the Governor of the State. They *vere 
 
 the last reserve force of the Stale able to do sendee, If 
 
 they were turned over to Confederate control with no- 
 power on the part of the Slate to recall them. BUS would be 
 
 without any adequate force for the execution of bar 
 •wn laws. 
 The State had much more than filled every requisition 
 
 made upon her in common with other States for troops. 
 No call was made at the time upon the other States for 
 troops of this class; nor had the other States ordered out 
 and placed in service their militia of these ages. 
 
 It was quite clear that the requisition was not made for 
 the purpose of getting the militia into service, for they 
 were there at the time under the command of General 
 Hood. Looking at all these facts I could not doubt that 
 the President had other motives in making the call — and 
 that the main object was to get them out of the coutrol of 
 the State, subject to his command, and to disband the State 
 
organizations, and enable him to appoint the General and 
 Field Officers to command them. This was the more evi- 
 dent from the fact that he required all within General 
 Hood's department to report to him at Atlanta, and all 
 those within the department of South Carolina and Geor- 
 gia, to report to the commandaiTt of that department, 
 whose headquarters were then at Charleston. The line di- 
 viding these two departments cuts in two, not only Genera. 
 Smith's Division, but three out of four Brigades and a large 
 proportion of the Regiments. If the requisition had been 
 obeyed the organization would have been disbanded, and a. 
 large proportion of the militia, who were then under the fire 
 of the enemy, defending Atlanta, Would have been ordered 
 oft' 10 report to General Jones at Charleston, when no ene- 
 aiy was piessing us upon the coast. 
 
 Under these circumstances, I felt it my duty to refuse to 
 lill a requisition made by the President, without authority 
 of law, for a class of troops which I could not turn over up- 
 on his requisition without a violation of a positive statute 
 of the State, who were in service, acting gallantly at the 
 time, under officers of distinguished merit, with a thorough 
 organization, which must have been disbanded by my com- 
 pliance with the President's demand, and the troops scat- 
 tered at a most critical period in the deieuce of Atlanta. 
 
 1 earnestly request the General Assembly to say, by reso- 
 lution, whether my conduct in refusing to turn over the 
 reeerve militia, organized by the State for her owe defence,, 
 is approved, or whether it shall yet be done, and the State 
 stripped of her last strength, and left without a man to aid 
 in the execution of her laws, and to strike a blow in hei 
 defence when Confederate aid is withdrawn, and the ene- 
 my devastating her fields, towns and cities. 
 
 THE GEORGIA MILITARY INSTITUTE. 
 
 The number of cadets in this institution has been con- 
 siderably increased. 
 
 Upon the advance of Sherman's army the battalion of 
 •adets was ordered into active service. At the Oconee 
 bridge and other places where they met the enemy they 
 acted with distinguished gallantry. The State has much 
 reason to be proud of this gallant young corps. 
 
 I must not omit to mention with my warmest approba- 
 tion the conduct of the State Scouts under Captain Talbot, 
 who has shown himself to be a gallant, fearless leader. 
 
 Prudeu's Artillery and the other troops o\' Major Caper's 
 battalion, are also entitled to honorable notice. This whole 
 battalion under its chivalrous leader, in presence of Adju- 
 tant and Inspector General Wayne, who accompanied their, 
 daring the campaign from Gordon to Savannah and thence ■ 
 to Augusta, discharged their duty energetically and faith-- 
 
8 
 
 fully. The report si General Wayne will be laid before tlie 
 Military Committee of the two Houses upoQ application. 
 
 MTAKY AIM 'Kill HIATION. 
 
 1 beg leave again most respectfully to invite the atten- 
 tion of the General Assembly to that part of my Kite annua! 
 message which relates to the military appropriation. The 
 sum appropriated will be wholly inadequate. It it is not 
 increased, 1 shall be under the^apleasantrieceaaity, so soon 
 as it in exhausted, whith will be in a short time, of again 
 convening jrdu fo BUppJy the deficiency. We can not i 
 duct the operations I r war without money. 
 
 lAii'IIKss.MKN'lS. 
 
 I bee lt'ave to e.ill the attention of the Legislature to the 
 necessity fcr the passage o! a law authorizing the irapt 
 ment of provision- in the hands of persons under bonds t-> 
 the Confederate Government, or others who r*faB6 to Bell 
 their surplus at market value for t ; :<* use of indigent sol- 
 diers' families, and 6i persons who are left, destilute by the 
 ravages of the 1 1 en - . ur oil our own cavalry, who receive 
 aid from the State, under the legislation enacted for that 
 
 purpose. The OaaeJ are. very rare where it would he i,, 
 s;irv to resort to iropreaBment if the peo] U were left tree 
 to "sell their surplus in the market; but I hey are denied 
 that privilege bv the Confederate ( iovernment, having 
 been compelled to give bond to sell all their surplus to ififi 
 agents at schedule prices, which are tar below market value. 
 These persons would gladly sell to State or county agents, 
 but thev are threatened wii h a revocation of their details, 
 and with iuimi diate compulsion to enter service if they do 
 so. The Slate should ue\ er submit to be driven out of her 
 own markets and denied the privilege of purchasing from 
 her own citizens by the act of Bliy other government or 
 power. I therefore recommend the passage 6f a law au- 
 thm-i/ini: the Justices Of the Inferior Conn of each county, 
 With the consent or order of tin- Gov< rnor, to impros pro- 
 visions in their respective counties, for soldiers' families and 
 indigent relumes, when, from the cau.se above mentioned, 
 it may be necessary to enable them to procure the supplies 
 required for t'uat purpose ; and also authorizing the (Quar- 
 termaster General and Commissary General ot the State to 
 make similar impressments, with the* like order, lor their 
 respect be depart iiicnis. 
 
 The act should provide, in C»Se o! such impressments, for 
 a fair valuation of the property impressed, and for payment 
 of market value as just compensation to the owner. With- 
 out the passage pf this act, it will be impossible for the 
 State and county age***, within the limits of the State, to 
 purchase the supplies which are indispensable. 
 
 The appropriation Of money will avail nothing if the 
 
9 
 
 Confederate agents can lock the cribs and smoke-houses of 
 the people of the State against her purchasing agents. I 
 have been unable, under the late appropriation, to supply 
 the demands of those in great distress, for want of this law. 
 If it is not passed, a great deal of suffering will be the in- 
 evitable result, 
 
 TtlNITKXTIARY. 
 
 The enemy having destroyed the workshops, ceil build- 
 ings, to., of this Institution by tire, it will cost a very heavy 
 appropriation, probably one million of dollars, in currency, 
 lo rebuild it. From seven years close observation, I am 
 satisfied the Institution does not serve the objects for which 
 it was created. It does not seem to be, as its name imports, 
 a place of penitence ; it is certainly not a place of reforma- 
 tion, but is ruther a school for theft, lawlessness and villa- 
 !.v, where those more hardened in crime act as teachers of 
 those who are younger and of less experience. Honest 
 men who, in the heat of passion, commit crime which con- 
 signs litem, under our present laws, to this den of thieves, 
 generally come out corrupted and contaminated. 
 
 In vjevy of the above fuet>., I recommend that the Peni- 
 tentiary bo abolished as soon as it can legally be done, and 
 that other modes of punishment, such as hanging, whipping, 
 branding, &e., be substituted. The South Carolina code, it 
 is believed, would furnish a safe guide for our legislation 
 on this subject. I know of no State in which the criminal 
 laws are more faithfully executed, or in which less crime is 
 '•ommured. 
 
 In accordance with the request of the General Assembly 
 before you r ; lata adjournment, I offered pardon to all the 
 convicts who were not of the worst class, who would volun- 
 teer to enter the military service, making the pardon con- 
 dititioual on the faithful discharge of their duties assolniers. 
 This was accepted by nearly all to whom it was tendered. 
 Tliey organized into a company and did good service at the 
 Oconee River, where they met the enemy and acted gallant- 
 ly. I regret to learn, however, that over half of them 
 since deserted. These will be subject to serve out 
 Tiicir time when they can be arrested. There are also sev- 
 «;■.»! life convicts now within the walls ; to keep these and 
 Mich ;is may be hereafter sentenced for crime committed be- 
 fore the change of the mode of punishment, it will be nec- 
 essary lo relMiiM so far as to provide accommodations and- 
 work shops for a limited number. One hundred thousand 
 dollars in currency may be sufficient to do this. 
 
 In this connection I will further remark that the exigen- 
 ces, in my opinion, require such amendments 
 iu the penal code as will make Death the punishment ot 
 robbery, burglary and horse stealing. To prevent our peo- 
 ple from taking the execution of the law into their own 
 
10 
 
 kand.*. I recommend that the law be so changed as to au- 
 thorize th»» Judges «»t the Superioi Courts to call extra 
 I - <»t their respect i\ i' BOIfrtB, Whenever it is, if) their 
 •pinion, iiMTssiry for the Rpeedy trial of offenders. A>< 
 many of thejailstre iriaecare,andas robber bands often fescue 
 companions in crime, the preaenl provisions for the 
 of criminals are toe? tardy lor the vindication of public 
 justice. Whipping should be the punishment inflicted uj»- 
 an titose who are convicted of illegal traffic with slaves. 
 akmi.m; i BE SLA 
 
 The administration, by its unfortunate policy, having 
 
 • ed our strength and reduced our armies, and being una- 
 ble to LTtt freemen into tbe field as conscripts, sod unwil- 
 to accept them in organizations with officers of their 
 own choice, will, it is believed, booh resort ti- the policy of 
 filling them dp by the conscription of slaves. 
 
 1 am satisfied that we may profitably use slave labor, so 
 f.-ir as it can be spared from agriculture, to do menial service 
 in connection with the army, and thereby enable more free 
 white men to take up :inns; but I am quite sure any at- 
 tempt to arm the. slaves will be a great error. If Ire expect 
 to continue the war Bueeessfully, we are obliged to have the 
 iabor ot most of them in the production of provisions. 
 
 Rut if this difficulty were in r mounted; we can not rely 
 upon them as soldiers. They are now quietly lervingtttat 
 home, beeattSethey do not wish tO go into the army, and they 
 (ear, if they leave us, the enemy will put them there, ll 
 we Compel them to take up arms, their wind*' feeling nnd 
 conduct will change, and they will leave us by thousands. 
 A -ingle proclamation] by President Lincoln — that nil who 
 will desert us after they are forced into lervice, and go 6v< r 
 
 To him, shall have their freedom, he taken out ol the army, 
 ami permitted to go into the country in his posses-ion, and 
 reC( ive Wftgefl fur their labor — would dhlband them by brig- 
 ades. Whatever may be our opinion of their normal condi- 
 lio;i or their true interest, we can not expect them, if they 
 remain with us, io perform deeds Of heroic valor, when- they 
 are fighting to continue the enslavement of their wives and 
 children. It is not reasonable for Us to demand it of them. 
 and we have little cause to expect the bfestingfl of Heaven 
 upon our efforts if we compel them to perform such a ta«k. 
 
 If we are right. -md Providence designed them for slavery, 
 He did not intend that they should be a military people. 
 Whenever we establish the fact that they are a military 
 race, we destroy our whole theory that they are unfit to be 
 free. 
 
 But it is said we should give them their freedom in «ftee 
 •f their fidelity to our cause in the field ; in other words, 
 that we should give up slavery, as well as our personal lib- 
 erty and State sovereignty, for independence, and should set 
 
li 
 
 all our slaves free if they will aid us to achieve it. Jf we 
 are ready to give up slavery, I am satisfied we can make it 
 the consideration for a better trade than to give it for the 
 uncertain aid which they might afford us in the military 
 keld. When we arm the slaves, we abandon slavery. We 
 can never again govern them as slaves, and make the insti 
 tution profitable to ourselves or to them, after tens of thou- 
 sands of them have been taught the use ©f arms, and spent 
 years in the indolent, indigencies of camp life. 
 
 If the General Assembly should adopt my recommenda 
 tion hereinafter contained for the call of a Convention, J 
 would suggest that this too would be a subject deservipg its 
 serious consideration and decided action. 
 
 It can never be admitted by the State that the Confecb - 
 rate Government has any power directly or indirectly to 
 abolish slavery. The provision in the Constitution which 
 by implication authorizes the Confederate Government to 
 take private property for public use only authorizes the use 
 of the property during the existence of the emergency which 
 justifies the taking; To illustrate : In time of war it may 
 be necessary for the Government to take from a citizen a 
 business house to hold commissary stores. This it may do 
 (if a suitable one cannot be had by contract) on payment to 
 the owner of just compensation for the use of the house. 
 But this taking cannot change the title of the land, and vest 
 it in the government. Whenever the emergency has passed, 
 the Government; can no longer legally hold the house, but is 
 bound to return it to the owner. So the Government mav- 
 impress slaves to do the labor of servants, as to fortify a 
 •ity, if it cannot obtain them by contract, and it is bound to 
 pay the owner just hire for the time it uses them. But the 
 impressment eari vest no title to the slave in the Govern- 
 ment for a longer period than the emergency requires the 
 labor. It has not the shadow of right to impress and pay 
 for a slave to set him free. The moment it ceases to need his 
 labor the use reverts to the owner who has the title. If we 
 admit the right of the Government to impress and pay for 
 slaves to free them we concede its power to abolish slavery, 
 and change our domestic institutions at its pleasure, and to . 
 tax us to raise the money for that purpose. lam not aware 
 of the advocacy of such a monstrous doctrine in the old 
 Congress by any one of the more rational class of abolition- 
 ists. It certainly never found an advocate in any Southern 
 statesman. 
 
 No slave can ever be liberated by the Confederate Gov- 
 ernment without the consent of the States. No such con- 
 sent can ever be given by this State without a previous al- 
 teration of her Constitution. And no such alteration can 
 be made without a convention of her people. 
 
12 
 
 orit tlttUN and 9WD8PBC1 i\ I co\i>ri ion. 
 
 As 1 feel fhat I ihould act the part of an unfaithful sen- 
 tinel upon the watch tower if I ihould flatter the eounfry 
 witli delusive hopes candor compels me t<> say that all is 
 not well. Tlat the pi opte may Be aroused to the necessary 
 
 effort to avert Calamity, it is important that they should 
 know ;, ml appreciate their true condition. I t * 11 them. 
 therefore, thai the whole body politic in diseased, and un- 
 it 19 Bctii e r< 11 edies are administer* d speedily, that dissotu- 
 d and death musl be the iri< vi table result. 
 'Mir constitution has been violated and trampled under 
 foot, and the rights ami sovereignty of the States, which 
 had been disregarded by the I iovemmmt of the United 
 States, which formed with shivery the very foundation of 
 the movement that brought into being the Confederate 
 Government, have been prostrated and almost destroyed by 
 Confederate congressional encroachment and executive usur- 
 pation 
 
 The resolutions of the General Assembly of this State pro- 
 testing against these usurpations ami abuses have been un- 
 heeded Btiti laid bside without even the courtesy ofa reply. 
 Direct taxes of mormons burden have been levied b) 
 -. without the census pr enumeration imperatively 
 lired by the constitution, which operate upon the peo- 
 ple of this and other States, but have uo operation upon the 
 people of Missouri or Kentucky, who are represented equal- 
 ly with Georgia in the Congress by which they are im- 
 posed. 
 
 Much of our mo$t objectionable legislation is fastened up- 
 on US by the votes of repn sentatives who, however pat I iQt- 
 ic and true to our cause, <aet without responsibility to any 
 tituency, out of the army, who can be affected thereby. 
 and who can neither visit with safety, nor show then. selves 
 publicly among the people whom tbey profess to represent, 
 a majority of whom have given the strongest evidences ol 
 sympathy and support to the Government of the Unite. I 
 states, and have been constantly represented in the Con- 
 gress ol those Slates. 
 
 Impressments of private property lor public use, which 
 are often necessary and proper, have been carried to an ex- 
 tent which is tyrannical and oppressive in the extreme. In- 
 I ol purchase as the rule and impressment the excep- 
 tion, the whole properly of our people is placed under the 
 control of impressment agepts, who refuse to pay "just 
 compensation," as required by the constitution, or even half 
 the market, value, and who pay in certificates which the 
 government refuses to receive in payment of public dues. 
 
 By a pretended conscription, not authorized by the con- 
 stitution, the government ban placed our agriculturalists 
 under heavy bonds to sell to it at the impressment price* 
 
IS 
 
 fixed by its Agents, and denies to them the privilege to sell 
 the fruits of their labor in open market, or to exchange them 
 for other commodities which are necessary to the support of 
 themselves and their families. 
 
 The Government disregards that provision of the Consti- 
 tution which prohibits Congress from making any appro- 
 priation of money for a linger term than two years to sup- 
 port the armies of the Confederacy, and as a means of per- 
 petuating the war beyond the period of the existence of the 
 present Congress, without the assent of the people in the 
 next elections, it proposes to pledge the tithe qf the more 
 valuable annual productions of the agricultural class of our 
 people, who are selected for the burden, for years to come 
 lor that purpose, and to continue the pledge of the incomes 
 of this particular class after the termination of the war, for 
 the payment of the Treasury notes issued for the support of 
 the armies during its existence. Few of this class make 
 more than a tithe as net profits. In the estimate of the 
 Secretary ofthe Treasury in which he sets down the incomes 
 of this class at about fifty per cent, he fails to allow any 
 credit for the vast expense of production. He estimates 
 gross and not net incomes, and in this way shows the in- 
 comes ofthe planter to be much greater than those ofthe 
 banker or money-holder, whose interest and dividends cost 
 none of the iabor and expense of production incurred by the 
 planter. 
 
 Citizens who belong neither to the land nor naval forces 
 ofthe government, or to the militia in actual service, are 
 arrested by provost guards and government detectives, un- 
 der charges of treason or other indictable oiFences, or dis- 
 loyalty, without warrant or other process from the courts, 
 and imprisoned at the pleasure ofthe government in open 
 disregard of the constitution, which declares that no such 
 person shall be held to answer for a capital or otherwise iu- 
 famous crime, unless on a presentment or indictment of a 
 grand jury, nor be deprived of life, liberty or property, 
 without due process of law, and that no warrant shall issue 
 but upon probable cause, supported by oath or affirmation, 
 particularly describing the persons or things to be seized. 
 
 Good and loyal citizens, who travel on railroads or steam- 
 boats, or through towns and cities, upon lawful business, 
 are arrested if they fail to carry passes, while federal spies 
 procure or forge passes, and travel over our thoroughfares 
 at their pleasure. 
 
 In many parts ofthe Confederacy, not in possession ofthe 
 enemy, the government has ceased to protect either life or 
 property, and its own soldiers, who have left the front with- 
 out discipline or control, often, united with others profes- 
 sing to be in service and wearing the dress of the soldier, 
 are passing over the country in numerous bands, robbing 
 our citizens and destroying their property. 
 
W 
 
 While the old men tod boys of this Stat*, Seating im- 
 mt bosne-ioteretts to Buffer, have been obliged lb take 
 up arms to resist the enemy, thousands of j'ntftig able-hod- 
 ied men of this and other States, between eighteen and for- 
 oJ Bgie, are protected by Coi authori- 
 
 ty, on accounl tit their wealth or other influence, hroYn ser- 
 vice in the field, and miller pretest of son <■ 1 1 - : ■ j : i : i * enVpJoy- 
 
 mei.i for the government , are allowed to remain out of f! e 
 . i of danger, and devote most oi thei: tine to their v 
 
 illations or other individual pursuits. 
 Our financial affairs have beeu so unfortunately admifcto- 
 
 i that OUS eurietiey is worth very little in the nwnket ; 
 and our public faith H« benil -'> frequently and wilfully vio- 
 
 . that it. will be with great difficulty thai we can re-fn- 
 ■ >>ur people with confidence in the pledges of the gov- 
 ernment. It is Bhnounoed as the future policy of tiie Boah- 
 cial department to iesue no more Treasury notes, and to re-, 
 e nothing else in payment of public dues till the 1 nmm- 
 - reduced to healthy eireulat iotl. This would he I . 
 licial to the holders of the notes. As the armies are to be 
 supported, however, at a Cost ol hundreds of millions of dbl- 
 lars per annum, the announcement leai >iit>1 thai if is 
 
 to be done it) a great measure by sei/ine; property and pay- 
 inir'for it in certificates <>r bonds which u ill not pass as «'ur- 
 rency or in payment of taxes. This would be little better 
 than legalized robbery, and if practiced long by any govern- 
 ment will drive the people to revolution as the only mean* 
 
 of throwing off intolerable burdens. 
 
 P>y its effort to grain absolute power, (he Confederate ad- 
 ministration has greatly weakened our armies ; and result* 
 have shown its utter inability, with all the power pl:'ce»J 
 in its hands, to recruit and fill them up to a number stiffi- 
 rirnt to meet the emergency. 
 
 So fatal have been the results of «ur wretched CO\ SCrrp- 
 lion policy, which, however well adapted to control Knro- 
 pean serfs, or those raised to he slaves of power, is so repug- 
 nant to the feelings and spirit of a free people, that it has 
 driven our men in despair to delinquency and desertion, till 
 
 the President has informed the country in his Mason speech, 
 as reported, that two-thirds of" those who compose our ar- 
 mies are absent, most of them without leave. If this be 
 true, it shows a lamentable want of patriotism and courage 
 on the part of the people, orau unwise and injudicious poli- 
 cy on t,he part of the administration, which imperils the 
 very existence ol the Confederacy, and calls for, prompt and 
 energetic action on the part 01 the people to compel a 
 change of polir-y, which, if longer persisted in, must result; 
 in utter ruin. 
 
 If a planter who has one hundred faithful, trustworthy- 
 hands upon his farm should employ an overseer to manage 
 it, and should visit it at a critical period of the crop, aud 
 
1*5 , 
 
 find that two-thirds of his hands are, and for a considerable 
 time have been absent, and that the crop is being lost oa 
 that account, he would doubtless deside that the policy of 
 the overseer was ruinous to his interest, and dismiss hiia 
 without hesitation. The people of this Confederacy have 
 employed an agent to conduct for them a war for the dear- 
 Mi rights of freedom, and have placed at his command, sub- 
 ject to the restraints thrown around him by the constitu- 
 rional charter, and the great principles of personal liberty 
 which lie at the foundation of free government, hundreds of 
 thousands of as gallant self-sacrificing citizen-soldiers as ev- 
 et took up arms in a righteous cause. He has adopted a 
 policy which has ignored personal liberty and the rights of 
 citizen soldiers to go to the held in organizations and under 
 officers of their own choice, who have their respect and con- 
 fidence. The result has been as our agent tells us, that 
 two-thirds of these soldiers are absent, the larger portion 
 without leave, at a time when their absence endangers our 
 existence as a people. What then is the duty of the people 
 of these States/ The answer is plain. They should com- 
 pel their agent to change his policy which treats tree citizen 
 soldierB lighting for liberty as serfs, and to observe the great 
 principles for which we took, up arms, pr they should re- 
 sume the military powers with which they have clothed 
 him. and place them in other hands where they will be used 
 ft* well for the protection of the rights and liberties of the 
 citizen as for the achievement of the independence of the 
 Confederacy. Without this change of policy the r.rraie* 
 cannot he recruited to the necessary number and both lib- 
 erty and independence are lost together. 
 
 This ruinous policy of the administration find.-* no jus- 
 tification in the constitution of the country. From the 
 organization of the Government of the United States to th« 
 disruption of the Union, the uniform practice was to call 
 upon the States, when mare troops than the regular army 
 were needed, to furnish them organized ready for service. 
 This they could readily do, as all the machinery of the 
 State Government could be brought to bear to bring them 
 out. Instead of enrolling officers of the central govern- 
 ment imported among them, whom they knew not and who 
 were not in sympathy with them, all the militia officers and 
 civil olficers of the counties who are their neighbo's and 
 friends, and whom they are accustomed to respect and obev, 
 could be charged with the duty of aiding in the organiza- 
 tion. Not only so, but they were permitted to go under 
 officers of their own neighborhoods usually elected by them, 
 and to go with their own neighbors and relatives as their 
 'associates and companions in arms. This was not only the 
 practical and successful mode, but it was the constitutional 
 one. That instrument declares that Congress shall have 
 
16 
 
 powtr to provide for organizing, arming and disciplining 
 the militia, and tor governing such part o( them as may bo 
 employed in the service of the Confederate State- 
 inr to the States re*j>rr(urly ! \t appointment "/ the olfurr.*, am! 
 tke authority of training the militia according to the dis- 
 cipline prescribed by Congress. 
 
 Pending the consideration of this pjeegwph in the Con- 
 vention which formed the Constitution of tin United .~tate«, 
 Mr. Madison moved to amend it by imertirg alter the words 
 "reserving to the States respectively ilie appointment tf 
 the officers," the words "under the rank of Geueral officers." 
 This amendment, if adopted, would havr led the States ko 
 appoint all officers under the rank of General, ami the Fed- 
 eral Government to appoint the Generals. lint so jealous 
 were the States of the powei and patronage v.hieh this 
 would have given to the Federal Executive, that they re- 
 jected it by the vote of all the States except two ; ami re- 
 served to the States the appointment of all the officers to 
 command the militia, when employed in the service of the 
 United States. Ami lest there should be a question about 
 who is meant by the militia to be comm.-imled by officers 
 appointed by the States, when employed in the seme 
 the Confederate States, the Constitution has solved thai 
 doubt. It says: 
 
 " A well regulated militia being necessary to the security 
 of a free State, the right of the people to keep and bear 
 arms shall not be infringed." Hence it is plain that the 
 word militia and the word frWpU mean the same, apply to 
 the same persons, and are used as synoiiomous terms. Jt it 
 clear, therefore, that the States hnve carefully reserved the 
 appointment of the oflicers to command their arms- bearing 
 people, when employed in the service of the Confederate 
 
 States. 
 
 If the President had adhered to this mode of raising 
 troops, as Mr. Madison, who was a prominent member of 
 the Convention which framed the Constitution, did in the 
 war of 1S12, his patronage in the army would have beet' 
 small. If, on the other hand, the constitutional mode were 
 laid aside, and conscription adapted in lieu of it, giving 
 him the appointment of all the officers, his patronage was 
 
 immense. 
 
 It is said about six hundred regiments, or enough of or- 
 ganized troops to make that Dumber, have been received 
 into Confederate service from all the States. Each regi- 
 ment has ten companies, and each company four commis- 
 sioned officers, or fotry company officers to each regiment. 
 making tw ail f j fr m r thousand company officers. Add to this 
 (500 Colonels, and as many I/ieut. Colonels, Majors, Adju- 
 tants, Quartermasters and r ■nmissaries, (as the law llien 
 stood,) together with all ( bapiaina, Surgeons, Brigadi 
 
17 
 
 General*, Major Generate, Lieutenant Generals; with all 
 
 the Post Quartenf! asters, commissaries, Commandants, Ad- 
 jutants, Marshals, &c, etc., and the conscript act made 
 about 80,000 officers dependent upon Ihe President's will 
 for promotion. Thus, in violation of the Constitution, the 
 President was substituted for the States, and, like the King 
 of England, made the foundation of all honor. 
 
 To carry out this new policy of allowing the President 
 to appoint the officers, it became necessary to refuse longer 
 to receive troops in organized bodies with their officers, but 
 each must be conscribed and sent into service under such 
 officers as the President might appoint. This separated 
 kindred and friends and neighbors, while in service. It de- 
 stroyed the individuality and patriotic ardor of our people, 
 each of whom, prior to that time, felt that as a freeman he 
 was part of the Government, and that it was his war. But 
 so soon as this policy was adopted, he felt that it was the 
 I Jovernment's war, and that he was no longer a freeman, 
 but the slave of absolute power. This was not the free- 
 dom lie set out to fight for, and thousands of men, rather 
 than submit to it and remain in service, feeling that they 
 wore the collar of power upon their necks, have left the 
 army without leave. Hence the President's complaint, the 
 cause of which* mra been the necessary result of his own 
 policy. He lias mistffkeji the genius and spirit of our peo- 
 ple, and tiie material of which his armies are composed. 
 The high-toned, spirited Southern man will revolt when 
 you attempt to reduce him to an automaton of power. 
 
 Prior to the passage of this fatal act, men taxed their in- 
 genuity to dovisc plans to induce the President to receive 
 them into ?ervice. So soon, however, as the act was pass- 
 ed, which denied them the right in future to form their or- 
 ganizations, and enter service as willing freemen, with their 
 neighbors and friends, and gave the President the power to 
 seize them and appoint their officers, the, whole feeling was 
 changed, and men have resorted to every imaginable shift 
 to keep out of the service. 
 
 The excuse that conscription was necessary to keep the 
 twelve months men in service, or to fill their places cannot 
 avail. 
 
 The President knew, months before, when the term of 
 these men would expire, and made no eflort to organize 
 troop their places. A bill was introduced into tee 
 
 Provisional Congress by a distinguished Georgian, but a 
 short tii.Mc before its expiration in February, 1862, author- 
 izing the President to call forth the militia to anv extent 
 [uisitiona upon the States; and to call for 
 i for three years, at his discretion. This would have 
 the appointment of the officers with the States, where 
 the Constitution leaves it. The influence of the President, 
 
1$ 
 
 was actively used to defeat this hill, on the ground that he 
 did not need the law, as he had more troopi tendered than 
 he could accept and arm. Early in April following, be 
 called lor the conscript act, on the ground of necessity, to 
 fill up the army, and tin 1 , hill was patted giving him the 
 patronage and power above mentioned. If conscriptiou 
 had been necessary to keep the twelve months men in ser- 
 rice till their places could be tilled, that afforded no reason 
 why the act should have embraced the whole population of 
 the Confederacy within military age. A special act appli- 
 cable only to the twelve months men, for a short period, 
 till troops could have been furnished by the States to take. 
 their places, would have met that necessity. This, howev- 
 er, would not have given the President the appointment of 
 the officers for all the troops to be organized. His negkei 
 to call upon the .States for troops to fill the places of the 
 twelve months men, was made the occasion for vesting im- 
 mense power and patronage in him, and fastening conscrip- 
 tion, with all its evils, upon the country. 
 
 The President bat been as unfortunate in his generalship, 
 planning military campaigns, as he has in his policy of re- 
 cruiting his armies. All remember his first appearance on 
 the field as Commander-in-Chief at the close ol the battle 
 of first Manassas, when (if reports are reliable) he prevented 
 our Generals from taking adrantage of the complete de- 
 moralization of the Federal army, to march upon Washing- 
 ton City, when it must have fallen into our hands with little 
 resistance. He visited the army in Middle Tennessee, and 
 divided it, sending part of it to Mississippi too late to ac- 
 complish any good results there, and left General Bragg so 
 weak, that he was forced to evacuate Tennessee, which, 
 together with Vicksburg, fell into the hands of the enemy. 
 He again appeared upon the field at Missionary Ridge, and 
 divided the army, when a superior force wa« matted in its 
 front. Getieral Longstreet's corps was sent into East Ten- 
 nessee. General (J rant waited till he was out of reach, 
 when he fell upon the remnant of Bragg's army and drove 
 it back into Georgia, opening the way for the advance into 
 this State, and then se^t troops and drove Longstreet out. 
 of P^ast Tennessee, and made himself master of that inval- 
 uable stronghold of the Confederacy. 
 
 The President's last appearance upon the field was with 
 General Hood's army in this State, which was followed by 
 tlje movement of that army into Tennessee. The country 
 knows the result. Hood has been driven out of Tennessee 
 with great calamity, and Georgia, which^was left complete- 
 ly uncovered, has-been destroyed by Sherman at his leisure. 
 
 Instead of rapid concentration of our armies at vital 
 points, to strike the enemy stunning blows, our policy has 
 been to divide and scatter our forces iu the face of superior 
 
19 
 
 numbers, and receive blows which have well nigh cost us 
 our existence as a Confederacy. 
 
 Our people have endured this misrule with remarable 
 forbearance and patriotism. But the time has come when 
 we are obliged to deal with stern realities, and to look facts 
 lull in the face. We can no longer profit by hugging delu- 
 sions to our bosoms. Our Government is now a military 
 despotism when the privilege of the writ of habe<is corpus 
 is suspended, an object to which the President's earnest ef- 
 forts, are constantly directed. The tendency to anarchy is 
 rapid and fearful. 
 
 The Lincoln dynasty informs us distinctly, that recon- 
 struction or subjugation are the only alternatives to be pre- 
 sented tO U8. 
 
 The present policy, if persisted in, must terminate in re- 
 construction, either with or without subjugation. I accuse 
 no supporter of the measuies of the administration of any 
 such design. But, entertaining the opinions which I do of 
 its results, if I favored reconstruction or subjugation, to 
 both of which I am utterly opposed, I would give an 'earn- 
 est support to the President's policy, as the surest mode of 
 diminishing our armies, exhausting our resources, breaking 
 the spirits of our people, and driving them in despair to 
 seek refuge from a worse tyranny by placing themselves 
 under the protection of a government which they loath and 
 detest, because it has wronged and tyrannized over them, 
 destroyed their property, and slaughtered their sons. 
 
 These are sad truths which it is exceedingly unpleasant 
 to announce. But true Statesmanship requires that the 
 ruler do the best that can be done for his people under all 
 circumstances by which they are at the time surrounded. 
 And the statesman who sees nothing but ruin i,h the pur- 
 suit of a line of policy and does not warn his countrymen 
 against it, is unworthy the high trust confided to his care. 
 
 But you may ask, do I despair of the justice of our cause 
 or of our ability to succeed. I answer emphatically, No. 
 Bad as our policy has been, and much as we have wasted 
 of men and means, we still have enough of both, if properly 
 used, to continue, the struggle till we achieve our independ- 
 ence and re-establish in these States constitutional liberty 
 which has been for the time so completely crushed. 
 
 To enable us to do this the conscription act must be re- 
 pealed, and the policy abandoned, and we must return to 
 the constitutional mode of raising troops by the States. 
 The States can not do this successfully while conscription 
 is practiced, and they thwarted in their efforts by conflict 
 or collision with Confederate officers. In a word the two 
 systems can not work together. 
 
 Our armies, composed of the militia or arms*bearing peo- 
 ple of the States, must be re-organized under officers ap- 
 
20 
 
 pointed by th« respective Stab 
 This would enable the States in the re-orgauia 
 into tin- ranks all supernumerary officers, i Deluding tin- 
 large number' of Confederate enroll who wit; 
 commands are now supported and paid by the government, 
 and to displace such bow in command of troojw I ty- 
 rannical and inefficient, and "ill their places with tli 
 have shown themselves competent, and who have tlie conti- 
 nence of the troops to be commanded by them. The Si 
 in the re-organization of these troops could also pul 
 service the large number of able-bodied yojung men within 
 their I'm; s, who now at home, hold appointments under 
 the Confederacy which serve il.-.|, 
 without reciprocal benefit to the common cause. In the 
 same manner great numbei i neither 
 patriotism nor gallantry, who have beep driven out of the 
 armies by the petty tyranny pf subaltern o 
 at Richmond to command them, could bo broi 
 the States under officer* of their ow 
 make excellent troops, Remove the shnckles of boi 
 from the limbs of our troops, and h t them I 
 again freem< a fighting in fre< 
 ernment stands by and roai 
 constitutional liberty, and S\.\'r So 
 they took. up arms, and they wii! rc-euh c the field with re- 
 newed hopes, linqd to conquer au hooou 
 fill a sold ive. 
 
 "\V« eturn to the observant od faith with our 
 
 troops — pay them when tin ir wages are dui . and d 
 them when their terms expire. 
 
 We must pass no more acts pf repudiation of our govern- 
 ment issues of currency. We must receive in pa; 
 Confederate taxes all notes, bonds or certificates which ptfri 
 sons are compelled by the government to take, in payment 
 for property taken from them, by its impressment otfii 
 
 AVe must abandon the policy of supporting the armies by 
 impressments or forcible seizures of property, and must 
 adopt the policy of purchasing what we need, except in ex- 
 treme cases which justify impressment, and then we must 
 pay as the constitution requires just compensation for the 
 property taken. This equalizes the burdens by dividing the 
 whole among the entire number of tax-payers, in propor- 
 tion te the amount of property owned by each, 
 
 Representation without constituency must im longer be 
 allowed; nor must laws be dictated to us by the votes of 
 representatives without accountability to those who share 
 in the burdens imposed by the legislation enacted by them. 
 Secret sessions of Congress except in cases where legisla- 
 tion affecting the movements of our armies is pending, must 
 be abandoned and the people must know as they ha^ a right 
 
21 
 
 to /./ton; how their representatives act and vote upon all 
 measures affecting thsir vital interests, their rights and their 
 honor. 
 
 Discipline must be restored and enforeed in our armies. 
 One of the reasons given by its advocates for the enactment 
 of the conscript law was that better discipline would be 
 maintained by giving the appointment of the officers to the 
 President. Results have shown the reverse to be true. Pri- 
 or to the adoption of that plan, the officers selected by the 
 troops themselves and appointed by the States, kept the 
 men in the field, and we triumphed gloriously in almost ev 
 ery engagement with theenemy. Since that time the officers 
 appointed by the President have neither maintained discip- 
 line nor kept the men in the field. If the President's state- 
 ment is reliable they have only one-third of them there. 
 And 1 fear the discipline of that third is loose compared 
 with that exhibited by the Federal army in its march 
 through this State. 
 
 The President having failed in his military administration 
 ind brought the country to the verge of ruin by his milita- 
 ry policy, should be relieved of that part of his duties, by 
 an amendment of the Constitution to provide for the ap- 
 pointment of a Commander-in-Chief of the armies of Che 
 Confederacy, by the President, by and with the consent of 
 two-thirds of the Senate, who shall be entirely free from 
 the control of the President and removable only by the same 
 power by which he was appointed. This would place the 
 best military talent of the country in command of our ar- 
 mies, not in name only but in fact, and would save us in fu- 
 tuie from the heavy calamities which have befallen us by 
 the capricious removal of a great commander, at a most 
 critical juncture of an ably conducted defensive campaign. 
 
 The late act of (. ongress did not, and could not, take 
 from the President his constitutional power as Conrmander- 
 in-Chief. It provides for the appointment of a (jetifra/-\u- 
 Chief. Robert K. Pee as CiV^croZ-in-Chief is as subject to 
 the order of the President as he was before the act of Con- 
 gress, and his appointment under it, and the President may 
 at any moment frustrate his plans by orders which he is ob- 
 liged to obey. Congress cannot divest the President of this 
 power over all the Generals in Confederate service, includ- 
 ing the CiVwe/Y/Ain-Chief. This power is conferred by the 
 Constitution and can only be taken away by an amendment 
 of that instrument. 
 
 These < hangefl may be made without the evils of revolu- 
 tion within revolution. The Constitution provides for if* 
 own amendment. The remedy is perfectly peaeelul. It de- 
 clares that : Upon Che demand of any Ihree States legally 
 assembled in their several conventions, the Congress shall 
 summon a convention of all the States to take into conside- 
 
21 
 
 ration Buch amendments to the Constitution as the said 
 States shall concur in suggesting, at the time when aaidde- 
 mand is made. 
 
 It is perfectly legitimate and proper for three States to 
 demand such convention, whenever in the opinion of their 
 people the public good or the common safety requires it In 
 my opinion the best interest el the country requires that 
 such convention meet with as little delay as possible, to 
 propose such intendments te the Constitution, as will re- 
 form abuses by settling disputed points, ami effeei a speedy 
 ami thorough change of policy in conducting the war and 
 filling up and sustaining our armies* I am not afraid to trust 
 the people in convention. I therefore recommend the call 
 ofa convention of the people of thin State for the purpose of 
 proposing such amendments to the constitution as will re- 
 lieve the President of his responsibility as (Joinmander-iu- 
 Chif f of the armies, and will provide for the appointment of 
 a Commander-in-Chief ip time of war, and to propose such 
 other amendments and do such' other acts, as will correct 
 the abuses and aflord remedies for the grievances hereinbe- 
 fore btated. 
 
 I also recommend that this General Assembly appoint 
 commissioners to each of the other Stales of the Confedera- 
 cy, requesting; them to assemble in Convention at an early 
 day to demand of Congress the call ofa Convention of all 
 
 the States, for the purposes ;: bo\ ••■ specified. 
 
 The Speedy adoption of this policv is in my judgment in- 
 dispensable to the achievement of our independence, and the 
 maintainauce of the great principles of State Sovereignty 
 and constiintional liberty which underlie the foundations of 
 our federative system of government — gave being te our 
 present confederation oi States — and are absolutely necessa- 
 ry to the futnre prosperity and happiness of our people. By 
 the construction placed upon the Constitution as it now 
 stands, by those who administer the Conlederate Govern- 
 ment, these great principles have been disregarded, and the 
 sovereignty of the Stans, and rights of the people, lost sight 
 of in the struggle for independence. 
 
 The achievement of our independence seems to be the 
 great end and only good aimed at by those who wield the 
 power at Richmond. We have been told from the halls of 
 Congress that courts must be closed, and State lines oblitera 
 trd, if necessary to accomplish this object. Indeed, some 
 persons in authority seem to have forgotten that we are 
 lighting for anything but independence. If so the whole 
 struggle is in vain, for we had that in the old government, 
 which was our government, consecrated by the blood of our 
 ancestors and transmitted from sire tc son. We were inde- 
 pendent of all other powers. But the people of the North- 
 ern States got control of that government, and so adminis- 
 
23 
 
 tered it as to imperil not our independence but our rigJife. 
 We then separated from them and are fighting for our rights 
 and OUT liberties ; and as a means of maintaining and securing 
 those rights and liberties we declared our independence. 
 Independence with these is worth all the sacrifices which 
 we have made or can make. Our rights and liberties are 
 not secondary to our independence, but our independence is 
 only necessary to protect our rights and our liberties. Rus- 
 sia is independent of all the world, so is Turkey, while 
 the government of each is a despotism ; and thej>eople have 
 only the rights and liberties which the sovereign chooses to 
 permit them to exercise. If this is the sort ofindependence 
 forVvhich we are fighting,our great sacrifices have been made 
 to but little purpose. The recognition by foreign powers of 
 the independence of our rulers and of their right to govern 
 us, without the recognition of our .rights and liberties by 
 our rulers, is not worth the blood of the humblest citizen. 
 We must gain more than this in the struggle or we have 
 made a most unfortunate exchange: The further pursuit of 
 our present policy not only endangers our rights and our 
 liberties, but our independence also, by destroying the in- 
 stitutions and breaking the spirits of our people. Let us 
 beware how we trifle with the rights, the liberties, and the 
 happiness of millions. 
 
 I am aware that the freedom and plainness, which a sense 
 of duty to my country has compelled me to exercise, in dis- 
 cussing the measures of the administration, and the policy 
 of the government, may subject my motives to miscon- 
 struction. I feel the proud consciousness, however, that I 
 have been actuated only by a desire to promote the cause 
 so dear to every patriot's heart, and thereby secure the in- 
 dependence of the Confederacy, with the civil and religious 
 liberties and constitutional rights of the people, without 
 which independence is an empty name, and the glory and 
 grandeur of our republican system is departed forever. No 
 one can be more vitally interested than myself in the suc- 
 cess of our cause. I have staked life, liberty, property, 
 and the liberties of my posterity, upon the result. The en- 
 emy have burned my dwelling and other houses, destroyed 
 my property, and shed in rich profusion the blood of nearest 
 relatives. My destiny is linked with my country. If we 
 succeed I am a freeman. But if by the Obstinacy, weak- 
 ness or misguided judgment of our rulers we fail, the same 
 common ruin awaits me which awaits my countrymen. It 
 is no time to conceal ideas in courtly phrase. The nio-ht is 
 dark, the tempest howls, the ship is lashed with turbulent 
 waves, the helmsman is steering to the whirlpool, our re- 
 monstrances are unheeded, nid we must restrain him, or ilie 
 crew must sink together submerged in irretrievable ruin 
 
 -Kl'H E. BROWN. 
 
to 
 
 
Hollinger 
 
 pH 8.5 
 
 Mill Run F3-1955