Duke University Libraries 
 
 D03796483/ 
 
MESSAGE 
 
 
 OF 
 
 THE GOVERNOR OF VIRGINIA, 
 
 TO THE 
 
 GENERAL ASSEMBLY. 
 
 RICHMOND: 
 
 rAMBS E. GOODE, SENATE PRINTER. 
 1864. 
 
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 in 2010 with funding from 
 Duke University Libraries 
 
 http://www.archive.org/details/messageofgoverno02virg 
 

 MESSAGE, 
 
 Executive Department, 
 
 Richmond, Ya., Dec. 7, 1864. 
 Gentlemen of the Senate 
 
 and House of 1>> legates : 
 
 I am gratified that you have again met in genera] assem- 
 bly, to take into consideration the condition of our afflicted common- 
 wealth. At the period of your last adjournment, our enemy was en- 
 gaged in vast preparations for the capture and occupation of this proud 
 city. Having completed his preparations, by the organization of one 
 of the most formidable armies ever assembled on this continent, he, 
 about the 1st of May last, commenced his march. He relied with con- 
 fidence upon his vast numbers and thorough equipment, for an early 
 consummation of his long deferred hopes. Led by the greatest of his 
 captains, flushed with numerous successes, it was entirely natural that 
 he should fearlessly look to the future, while we should contemplate it 
 with uneasiness and apprehension, lie had, how< ver, scarcely crossed 
 tli.' Kapidan, before our noble army, led by that great and good man, 
 General R. E. Lee, breaking up their camp, dashed upon his haughty 
 columns, and after one of the bloodiest and best contested battles of 
 the war. taught the enemy to respect the army he had affected to despise, 
 and to know that his march to Richmond would be attended with diffi- 
 culties and dangers he had not anticipated. I shall not undertake to 
 detail the series of bloody battles which were fought, on (lie road to 
 Richmond, nor tell how the enemy, although continually strengthened 
 by heavy reinforcements, was compelled to leave the city to his right. 
 until finally he crossed the James, and undertook, by a coup de main, 
 to carry the city of Petersburg; nor how, after nearly a seven months' 
 •aign, of unexampled slaughter of his men. he still finds himself 
 with hope deferred, and but little prospect of realizing expectations so 
 confidently entertained for the last three years. Suffice it to say. that 
 
4 GOVERNOR'S MESSAGE. 
 
 you, gentlemen, are here in safety — here in calm deliberation — here to 
 digest those measures which are still required by the dangers we have 
 yet to meet. 
 
 It is right, however, that I should warn you that the enemy is dili- 
 gently engaged in strengthening his army, and in recovering from the 
 exhaustion caused by his repeated defeats. It is difficult really to com- 
 prehend our foe. The right of self-government was established by the 
 blood of our revolutionary fathers; was proclaimed in the declaration 
 of independence, and is engrafted in the constitution of all the states f 
 and yet the United States, with reckless extravagance in men and 
 money, unparalleled in the world's history, is denying this right, and 
 seeking to overthrow and subjugate the people who proclaim it, and who 
 only ask to be let alone — who, for simply asserting and maintaining this 
 principle, are pursued with a venom, malignity and hate unknown in 
 civilized war. 
 
 With everything dear to man at stake, I cannot suppose that there 
 will be any hesitation on your part to embody the whole resources of 
 the state, in men and means, in order to enable us successfully to avert 
 the awful doom our enemy has in store for us. 
 
 One of your first duties, gentlemen, will be to take into consideration 
 the measures to bring into the field all able-bodied men who are not 
 necessary to the state government. It is utterly impossible for me to 
 understand the logic which exempts state officers who are not necessary 
 for the state government; and yet it is the fact that the judges are 
 undertaking to turn loose from the grasp of military authority men 
 without any duty to perform, upon the ground that they are officers 
 provided by the constitution and the laws. - There are some forty or 
 fifty counties of Virginia within the enemy's lines, most of them under 
 a regular government of the enemy. The state officers therein have 
 been, where loyal of course, expelled from office, and are refugees. 
 Most of them have acquired new homes, and formed new social and 
 business relations, and may not return to their counties until this war 
 shall terminate. Many will never return even with peace, and it may 
 be ;? question, if they should do 30, whether they would have a right to 
 resume their offices. Under the laws and the constitution, the counties 
 will average about sixty officers, furnishing within the enemy's lines a 
 number equal to about two thousand, constituting a force sufficient, it 
 may be, to turn the tide of a great battle. Yet, according to. the de- 
 
GOVERNOR S MESSAGE. 5 
 
 cisions of some of the judges, these officers would be exempt from mili- 
 tary duty, although without civil duties to perform, and with a great 
 probability that they will have none during the continuance of the war. 
 
 The court of appeals, in the case of Burroughs vs. Peyton, &c, has 
 well said that "the obligation of the citizen to render military service is a 
 paramount, social and political duty. It is a matter in which the whole 
 body politic is interested. 'The citizens have a right collectively and 
 individually to the service of each other to avert any danger which may 
 be menaced. The manner in which the service is to be apportioned 
 among them, is a matter for legislation.' The government, as the agent 
 and trustee of the people, is charged with the whole military strength 
 of the nation, in order that it may be employed so as to insure the 
 safety of all. The power wh ch it has to enforce the performance of 
 the obligation to render military service, is given that it may be used, 
 not abdicated. No right has been conferred on the government to di- 
 vest itself, by contract or otherwise, of the power of employing, when- 
 ever and as the exigencies of the country may demand, the whole mili- 
 tary Strength that has been placed at his disposal. A.S the nature and 
 extent of those exigencies cannot be foreseen, and it is impossible to 
 to say in advance that the services of every citizen capable of b< 
 arms may not become indispensable for the defence of the countrv, the 
 government has no right to enter into any contract precluding it from 
 requiring those services, if they should be needed. If there be such 
 right, the spectacle might be presented of a nation subjugated and de- 
 stroyed at a time when it had within its limits citizens amply sufficient 
 to defend it successfully against all the assaults of its enemies, but 
 whose Bervices could not be commanded because, forsooth, the govern- 
 ment had contracted with them that they should not be required to serve 
 in the army." Again: "The power of coercing the citizen to render 
 military service for such time and under such circumstances as the gov- 
 ernment may think fit, is a transcendant power; but so far from being 
 inconsistent with liberty, is essential to its preservation. A nation 
 cannot foresee the extent of the dangers to which it may be exposed. 
 It must therefore grant to its government a power equal to every possi- 
 ble emergency; and this can only be done by giving to it the control of 
 its whole military strength. The danger that the power may be abused 
 cannot render it proper to withhold it, for it is necessary to the national 
 life." 
 
 It would seem to me that the doctrine of these extracts covers the 
 
6 governor's mess \<; i.. 
 
 whole question ; but should there be a doubt remaining, the following 
 extract from the same able opinion, repeating a well established rule of 
 law, must dispel it: "The well established ride of construction is 
 that all grants of privileges and exemptions from general burdens arc 
 to be construed liberally in favor of the public, and strictly as against 
 the grantee. Whatever is not plainly expressed and unequivocally 
 granted, is taken to be withheld." Taken in this view, how can there 
 be a question? The officers referred to are local officers ; their duties 
 are local ; they forfeit their offices if .they leave their counties. The 
 justices of the peace are compelled to reside in the districts from which 
 they are elected; and yet these officers are refugees — that is, resident- 
 out of their counties. In undertaking to protect them against the for- 
 feiture provided by law, the courts have to assume that they are ex- 
 cused from the residence required, in consequence of the compulsion of 
 the enemy. Is not this inference judicial legislation ? At any rate, no 
 act of assembly authorizes such an inference ; and is it to be supposed 
 that the law would not have provided for such a case had the legis- 
 lature deemed it proper to do so ? At least, can it be said that there 
 is no doubt upon the subject ; and if a doubt, that it should not, in the 
 language of an extract already quoted, "be construed liberally in favor 
 of the public?" How .can the state be injured by the view for Avhich I 
 contend? How it may be prejudiced by the converse of the proposition, 
 all can see. 
 
 But to exempt this large class of officers, or any portion of them, 
 when they have no service to perform, is, it seems to me, plainly un- 
 constitutional. The fourth article of the bill of right reads as follows : 
 
 That no man or set of men are entitled to exclusive or separate 
 emoluments or 'privileges from the community but in consideration of 
 public services." Will not these officers, without civil duties to per- 
 form, enjoy personal u privileges?" Surely it may legitimately be 
 argued, that so far from being exempted, they are under a special ob- 
 ligation, in addition to the general one attaching to every citizen, to 
 fight for the recovery of their counties. They have been ousted of their 
 offices, have consequently suffiered a personal injury, and will realize a 
 special advantage in the recovery of the counties from which they have 
 been expelled. I know it is contended that these officers are entitled 
 to exemption under the decision of the court in the case from which 
 I have so freely quoted, and the following extract is relied i pon in sup- 
 port of the position : 
 
GOVERNOR 8 MESSAGE. 
 
 "It is absurd to suppose that the government of the Cenfedcrato 
 States can rightfully destroy the government of the states which created 
 it ; and all the powers conferred on it must he understood to have been 
 given with the limitation that > n executing them, nothing shall be done 
 to interfere with the independent exercise of its sovereign powers by 
 each state. Congress can have no right, therefore, to deprive a state of 
 any officer necessary to the action of its government ; and the state itself 
 is the sole judge as to the officers that are necessary for that purpose." 
 
 I entirely concur with the doctrine here expressed ; but can it be said 
 that the officers of a locality within the enemy's lines, and under the 
 regular supervision of the agents of a foreign government, are necessary 
 to the action of the government of the state f And under this doctrine, 
 can any officer of a county within our own jurisdiction be entitled to 
 exemption unless he be necessary? It in said, however, that all the 
 officers named in the constitution, and provided by the law, arc pro- 
 nounced necessary by the very highest authority, and can under no cir- 
 cumstances be questioned, and whether employed or not, cannot be re- 
 quired to perform any other duties than those for which they were 
 elected. Surely this will strike the reflecting mind with surprise. The 
 constitution intended to provide a frame of government for those on 
 whom it was to operate. It was necessarily experimental. The offices 
 authorized were doubtless presumed to be necessary ; but if found to 
 be otherwise, why should those appointed to fill them be relieved from 
 the performance of other duties required by the wants of the com- 
 munity. Indeed, I lay it down as a broad proposition that no person 
 occupying office is exempt from the other duties of a citizen, except 
 on thf score of incompatibility. I ask with confidence, why should a 
 citizen be excused from other obligations, when they do not interfere 
 with the performance of those to which he] is specially elected. If a 
 man can perform more than one duty, why should he not doit? I 
 whould like to her a good and sufficient reason in answer to this inter- 
 rogatory. It would be a great reflection upon those who framed the 
 constitution, to suppose that they intended any such conclusion ; and 
 in the absence of all provisions to that effect, it cannot be presumed. 
 Nowhere in the constitution is provision made, in terms, for exemption. 
 It is inferential merely, and then only upon the ground of incompati- 
 bility of service. The same remarks will apply to the legislature. 
 
 The doctrine contended for may lead to the most fatal results. It 
 all the officers designated in the constitution, and in the laws made in 
 
8 GOVERNOR 3 MESSAGE. 
 
 pursuance thereof, are to be exempted because they are state officers — 
 if all the justices of the peace, wfco by the bye were never exempted 
 until the 1st of October 1862, having from the revolution to that pe- 
 riod been required to perform military duty — if all sheriffs and clerks and , 
 their deputies — all commissioners of the revenue — all surveyors and 
 commonwealth's attorneys — all constables and overseers of the poor — 
 all county agents for supplying soldiers' families — all salt agents, com- 
 mercial agents, &c. — all employees of banks, cities, towns, &c., are to 
 be exempt indiscriminately, and without reference to their necessity, 
 then indeed, in the language of the decision so frequently quoted, "the 
 spectacle might be presented of a nation subjugated and distroyed aJFa 
 time when it had within its limits citizens amply sufficient to defend it 
 against all the assaults of its enemies, but whose services could not be 
 commanded, because, forsooth, the government had contracted with 
 them that they should not be required to serve in the army." So far, 
 in this state, the number of exempts is comparatively small ; but in 
 other states we are told it ts widely different. At this time a powerful 
 army of the enemy is sweeping over the state of Georgia, in which, 
 under the doctrine contended for, there is now an army of exempts — ex- 
 empts because officers and employees of the state government. 
 
 At this time the pressure of the service inspires a very common de- 
 sire to escape from it ; and the remedy by habeas corpus, designed for 
 extraordinary acts of official tyranny or individual acts of oppression, 
 is daily resorted to, to extricate the citizen from the holy duty of de- 
 fending the country. Lawyers of every degree hie to the feast thus 
 spread before them, and judges in chambers and in court feel con- 
 strained to apply the principles of the writ to those but little better 
 than moral deserters from the standard of their country, and at a time 
 too when she is struggling in a death grapple with her gigantic foe. 
 But do the judges agree among themsleves in a uniform application of 
 the same"principle. In North Carolina exemption assumes the broadest 
 form, while in Alabama a much narrower rule is adopted — and even in 
 Virginia some differences exist. But all, I believe, concur that the 
 judges have the right to pronounce who are exempted from military 
 duty by reason of their office, notwithstanding the legislature and the 
 executive may entertain a different opinion. It does not matter what 
 the legislature may declare by law — it does not matter who the execu- 
 tive may deem necessary to enable him to see the laws faithfully exe- 
 cuted — the court understands better than their coequal and eo-ordiimtc 
 
•governor's message. 9 
 
 departments, what is necessary to presere the state governments ! 
 Against this I enter my firm yet respectful protest. 
 
 The 2d article of the constitution reads as follows : 
 
 " The legislative, executive and judiciary departments shall be sepe- 
 rate and distinct, so that neither exercise the powers properly belonging 
 to either of the others ; nor shall any person exercise the powers of 
 more than one of them at the same time, except that justices of 
 the peace shall be eligible to either house of assembly." The Mas- 
 sachusetts constitution still more emphatically declares that " in the 
 government of this commonwealth the legislative department shall never 
 exercise the executive and judicial powers, or either of them; the execu- 
 tive shall never exercise the legislative or judicial powers, or either of 
 them ; the judicial shall never exercise the executive and legislative pow- 
 ers or either of them : to the end that it may be a government of 
 and not of men." Of course, all intermixture of these departments, 
 except as provided in the constitution, must be in violation thereof. 
 These departments are co-ordinate. h is supreme and ind 
 
 dent of the others within their respective spheres. This is the theory 
 of the constitution at least; and it is the universal sentiment of the 
 American people, that their compl utial to public 
 
 liberty. The Federalist hai ' the accumulation of all 
 
 powers, legislative executive and judicial, in the same hands, whether 
 of one, a few or many, and wh appointed or elec- 
 
 tive, .nay be justly ery definition of tyranny." Can it 
 
 be then that the judiciary can properly prescribe its own bounds as well 
 as those of its co-ordhi: . Where is the authority for i: ? 
 
 It cannot be found either in the constitution or the law — a fact conclu- 
 sive against the jurisdiction assumed. I know the general semtiment is 
 otherwise, anil that it is insisted that t : tial, and must 
 
 therefore exist. This, I submit, is ; die question, and cannot be 
 
 conceded. Were it so, then tl mdence and equality of the de- 
 
 partments would no Ion . The power in one to give law to the 
 
 other, demonstrates this too clearly to require argument. 
 
 While, however, it m that .the judicial department, in 
 
 the 1,' . is the to the constitution as to all ques- 
 
 • of a judicial it canno 
 
 ■\ of political qu • 
 treated in die case of Luther vs. Bord 
 
10 governor's . 
 
 was treated — and it was declared that the court could not take jurisdic- 
 tion of qustions of political power. For instance, that it was the right 
 of the political power to decide which was the rightful constitution of 
 the state of Rhode Island — the charter or that known as the Dorr- con- 
 stitution — that it was not a judicial question. So, it was conceded that 
 the president alone had the right to decide when such insurrection or 
 rebellion existed in a state as required him to call out the militia — that 
 it was not a judicial question. So, in cases of contested elections 
 before the senate, they involved a question of political power to be 
 decided by that body. So likewise, in case of a treaty or the recogni- 
 tion of foreign nations, tiny involved questions of political power over 
 which the judiciary could not take jurisdiction. I respectfully • submit 
 that this important iis should be taken by our judges. When 
 
 the legislature declares who shall be subject to military duty, it is an 
 act of political power with which, it seems to me, the judiciary should 
 not interfere. And when the executive, to whom the special duty is 
 assigned of seeing the laws faithfully executed, decides that a, certain 
 officer or employee is not necessary, it is an act of political power, 
 which should equally command the forbearance of the courts. It was 
 objected in the case just quoted, that in conceding to the president the 
 decision as to which was the rightful constitution of Rhode Island, it 
 was yielding him a dangerous power which might be abused. The 
 learned judge who pronounced the opinion of the court, emphatically 
 said in reply : "All power may be abused if placed in unworthy hands; 
 but it would be difficult, we think, topojnt out any other hands in which 
 this power would be more safe, and at the same time equally effectual." 
 "At all events, it is conferred upon him by the constitution and the laws 
 of the United States, and must therefore be respected and enforced in 
 its judicial tribunals." You, gentleman, can apply this quotation. 
 But I may v be pardoned — as the several departments take the same 
 oath of office, that of fidelity to the constitution, and are all, in view 
 of the constitution, equally honest, capable and faithful — if I claim for 
 . the legislative and executive departments the same right to judge 
 of their own powers that is exercised by the judiciary as to theirs. This 
 is indispensable to preserve the equilibrium of the several departments — 
 a matter of the last importance, as upon it depends the preservation of 
 constitutional liberty, according to all writers upon free government. 
 My conclusions then, arc that the several departments have no right to 
 define the political powers of each other ; that political power is not of 
 a judicial nature ; that there is no authority in the constitution or the 
 
11 
 
 laws, which gives to the judiciary the right to define its own boundaries 
 and those of the other, branches of the government ; that whatever 
 may be the n of having a tribunal clothed with such powers, 
 
 none.has been provided, and cannot be provided by judicial construc- 
 tion ; that the right on the part of the several departments to refuse to 
 co-operate in the unconstttuti assures of each other, of which 
 
 each has . .is eminently proper, healthful in 
 
 action, and well calculated to preserve intact that division of powers 
 guaranteed in the second articl i constitution. That the consti- 
 
 tution contains no exception, confers no privilege, except "in conside- 
 ration of publl that election to office does not protect any 
 man against other duties, except so far as they may be in conflict with 
 these to which he was elected ; that, in the language of the court of ap- 
 peals, "the obligation of the citizen to render military service is a para- 
 mount, social and political duty," from which no man can be discharged 
 except on account of his civil duties, and only to the extent required 
 by such duties ; that military* servic matter in which the whole 
 body politic is interested;" that "the citizens have a right collectively 
 and individually to the service of each other, to avert any danger which 
 may be menaced," of which they cannot lawfully, and ought, not to be 
 deprived by any authority whatever. And I here, in the name of pa- 
 triotism ; of our manhood; of our dear old state, rent and torn by a 
 vandal i\)o, and of our bleeding country, protest firmly but respectfully 
 against the entire doctrine, which would give to able bodied men the 
 legal right to walk abroad • untouched amid the general suffering and 
 desolation. 
 
 I have uniformly acted upon the principle, that the state government 
 had an inherent right of self-preservation, which involved the right to 
 all the officers and employees, of every description, necessary thereto. 
 I have never hesitated to claim ail such persons, and to assert a right 
 to judge for myself as to the necessity of such persons, as against the 
 confederate government. I understand this principle to have been 
 broadly conceded by the act of congress of the 17th of February 1864. 
 This act did not undertake to grant power to the governor tates, 
 
 who could not ace | n such a source, even had such been the 
 
 li of the act. lint t repeat, I do not understand it to have had 
 any such purpose in view. The certificate spoken of in the act was 
 merely designed to obtain information of the governors of the states, 
 of the -persons clai - as their officers and employees; 
 
 ach certificates are very properly conceded by that act to be con- 
 
12 governor's .message. 
 
 elusive upon the confederate authorities. Recognizing in the confede- 
 rate government the riglif to the whole military power of the states, 
 except to the extent of such persons as are necessary to the prcserva- 
 tion of the state government, and the execution of her laws, I .have 
 uniformly confined my certificates of exemption or claim to such per- 
 sons as I regarded necessary therefor. Injjthe case of justices of the 
 peace, I did not and do not believe that the number authorized by law 
 was necessary to the execution of the duties imposed upon them. I 
 know perfectly well. that three, instead of four, are amply sufficient for 
 all the purposes of the state; and I aimed, a iral rule, to confine 
 
 myself to that number. 1 ight of all, however, to be 
 
 commissioned: and deeming such to be my constitutional duty, com- 
 missioned those who had been only elected by the people, . 
 
 It is not a little curious that justices of th 'it least from the 
 
 first revolution up to the present one, have never been regarded other- 
 wise than subject to military service. They have been treated Uniformly 
 as a part of the militia. The ' | first revolution : they 
 
 fought in the year 1812: they mustered at cross roads and other places 
 of meeting; and the exempting favor of the legislature never reached 
 them until the 1st of October 1 802. It is strange that, in the mid 
 a deadly struggle, your predecessors should have deemed it proper for 
 the first time to protect these gentlemen from military service, pro- 
 nounced by the highest judicial authority of this state to be "a para- 
 mount social and political •■ It is also strange that for the first 
 time it should be treated, as a judicial i, and that our judges 
 should likewise concur in pronouncing them exempt from military 
 service, and that too notwithstanding the same high authority to which 
 I have just referred, has pronounced military service "a matter in which 
 the whole body politic is interested;'' 
 
 But so it is; and yielding to the force of this combined opinion, I 
 respectful!}' suggest for your consideration the passage of a law which 
 will diminish the number of these officers, and restrict their selection 
 to persons of an age usually beyond the period of military service, ; 
 propose the pai a law diminishing the number of the districts in 
 
 the several counties, and confining the election of magistrates to persons 
 over forty-five years of age. There is no question of your power to 
 enact such a law — there is no doubt of, its giving great satisfaction to 
 the people; and the discreditable efforts which were made in certain lo- 
 calities, by hale and hearty young men, to obtain their election as 
 
governor's message. 18 
 
 justices of the peace, thereby to secure their exemption from the honor 
 of defending their country, would no longer reflect upon the patriotism 
 of our people. But many of our best citizens are unwilling to yield 
 any. of our state officers or employees to the claims of the confederate 
 government. They are entirely willing to see such 'persons embodied 
 in a state force, to be calle^ out on great emergencies, because under 
 state authority they can be returned to their civil functions as soon as 
 the emergency shall have passed. Apart from the great principle of 
 the salus populi, they insist that it is entirely in the power of the legis- 
 lature to embody the state officers, &c, as an auxiliary force, under the 
 circumstances to which I have referred. In Georgia this principle is 
 acted upon, and under it Governor Brown has been enabled to cm- 
 body an army of considerable size, which has rendered and is rendering 
 valuable service in the campaign in his great state. In Mississippi the 
 same doctrine prevails with the like results, in which, indeed, the p 
 is claimed, without question by the judiciary, to assign supernumerary 
 state officers to the confederate service. In an act passed by the general 
 ably of that state on the 13th of August 1864, the preamble there- 
 to reads as follow 
 
 "Whereas, in the present situation of affairs, it is not necessary to 
 the proper administration of the state government, that the officers, 
 members and agents hereinafter named, shall be held exempted from the 
 military service of the Confederate States; and, in the absence of such 
 necessity, the state is willing to waive her rights in the premises to all 
 officers, members and agents not named in the constitution, and not ne- 
 ary to the preservation of our form of government.'' 
 
 This preamble fully recognizes the policy for which I have been 
 arguing; and in giving up a part of her state officers, the state impliedly 
 asserts a right to do so with all, under the qualification stated. Should 
 it not be the pleasure, however, of the legislature to adopt my views, I 
 respectfully urge, in this dark hour of our fortunes, that, the entire 
 male population of our state may be embodied for the purpose of co- 
 operating in our great struggle. The second class militia, authorized 
 under a special act, restricted in its operations to a few localities, has 
 been of great advantage, and has rendered most efficient service. Per- 
 haps no regular force in the army has performed more arduous duty, 
 since the 6th of May, than those portions of it, including the 19th Vir- 
 ginia militia, organized in the cities of Richmond and Petersburg. 
 
 In consequence of the frequent and extensive raids of the enemy, 
 
14 governor's message. 
 
 often in small parties, and the great destruction and outrages per- 
 petrated by them, it has become indispensable to organize our whole 
 male population. Were such an organization made, even of the force 
 now left at home, the country would be saved from the ravages which 
 lay waste our I rtainly to a large extent ; and the enemy, who 
 
 respects in no degree the laws of civilized^ar, sparing neither age nor 
 sex, would be compelled to contract his line of march, move in larger 
 masses, and range over a much more limited amount of our territory. 
 I most respectfully submit a bill for your consideration, designed to 
 provide for this important object. 
 
 1st. It proposes that the reserve force of the state should be organ- 
 ized by the governor, and when completed, to be reported to the assem- 
 bly for such change as it may see fit to make. 
 
 2d. That the governor shall not move said force beyond the limits 
 of the state. 
 
 3d. That no portion of such force shall be called out for a longer 
 period than thirty days. 
 
 4th. When practicable, said force shall be assigned to duty in the 
 several* counties from which it may be drawn. 
 
 5th. The particular duties to which this force may be assigned, are 
 designated. 
 
 6th. That the county court and county officers shall aid in the en- 
 rolment. 
 
 7th. That the governor shall provide for the proper discipline and 
 order of said force. 
 
 8th. This bill being a war measure, it is proposed that it shall ex- 
 pire with the proclamation of peace, only suspending in the mean time 
 the general militia law. 
 
 It will be observed that this bill asks for no appropriations, nor for 
 commissaries or quartermasters. My plan is to make an arrangement 
 with the secretary -of war to pay off such portion of the reserved force 
 as may be called out, when' its particular service is ended, by marching 
 it to the post quartermaster of its county for that purpose, who would 
 be instructed accordingly ; and my purpose would be, when necessary, 
 to appoint respectable old gentlemen quartermasters and commissaries 
 for the particular occasion, and for them to settle up any accounts tin v 
 
governor's ml. a 15 
 
 may have created with the post quartermaster, and be likewise paid off, 
 thus closing up the transaction without perplexity or delay, and to the 
 entire satisfaction doubtless of both the government and people. 
 
 Many of the citizens of Virginia were in other states and countries 
 at the beginning of the war. Not a few of them returned to join in 
 her defence and to hare his fate, and some have sealed with their blood 
 their patriotic devotion to our beloved commonwealth. A record should 
 be made of sueh, as an evidence of our high appreciation of their con- 
 duct, and transmitted I ity. But I regret to inform you that 
 many who owe loyalty to i u are still absel . i of their 
 duty in the terrible struggle in which we are 1. Many ha\ 
 since the beginning of the war, leaving their lam'. 
 behind them. It is doing no injustii that 
 their purp tands of mili I that 
 they leave their families with ua as the meai - ir pro- 
 perty. Shall such unworthy and treasonable policy succeed? Shall 
 such men, aband the holiest and nob: 
 fendii ,pe without penalty. 
 
 1 by our laws and arms until, under id 
 pitious circumstances, they can return to it ? I imend 
 
 the passage of a law authorizing the issue of a proclamation Warning 
 all cil jinia now in foreign parts to return without delay to 
 
 the st; ling in which. onal penalties, their property of 
 
 every description should be cod and their families sent into the 
 
 y's lines. 
 
 There are some persons whose fidelity to the state is much questioned, 
 and who, if arrested, can rarely be convicted in consequence of the 
 ulty of having the testimony present when the 'lay of trial arrives. 
 They very generally escape from want of evidence, • , there is 
 
 iurance of their guilt. I hope that you will give 
 the subject your attention, and pass such a law as this condition of 
 things requires. In this connection, I would i I attention 
 
 to the Code, p . in reference to the arrest of suspicious persons. 
 
 The sixth section should be enlarged, so as to foreigners 
 
 : ■■ well as citizens, with authority to remove such aa may he thought 
 fit, beyond the limits of the state. There is a great i 
 such measure, and I hope it will engage your early attention. 
 
 Our i\-':e negroes are ve riy of them d dis- 
 
 loyal. In the towns, ami especially in the ci . they are 
 
16 governor's message. 
 
 guilty of many outrages upon persons and property, full proof of which 
 it is difficult to procure. They sometimes are found co-operating with 
 the enemy, and occasionally indulging in the utterance of treasonable 
 sentiments and threats against our fellow-citizens. The laws are inade- 
 quate to their proper management, and will, I hope, be made to cover 
 such cases. 
 
 When this war began, it was confidently believed by Our enemy that 
 it would be of short duration. Relying upon his vast superiority in 
 numbers and material of war, he expected to overrun us with facility 
 and ease. But the result of a single year's operations corrected this 
 expectation, and impressed him with the conclusion that he had on hand 
 a contest of great magnitude — full of danger and difficulty. Having 
 soon exhausted his floating population, he openly recruited his armies 
 on the continent of Europe. Not satisfied with this, he seized our 
 slaves, and, in violation of all civilized war, armed them against us. 
 Under every disadvantage, the war has been protracted deep into its 
 fourth year, and we find ourselves looking around for material to en- 
 large our armies. , Whence is it to come ? The laws of natural accre- 
 tion will hot furnish a sufficient supply of men. Foreign countries are, 
 in effect, closed against us. Recruiting from the prisoners we capture 
 will not, except to a limited extent, supply our wants ; and the public 
 attention naturally turns to our own slaves as a ready and abundant stock 
 from which to draw. This policy, however, has given rise to great diver- 
 sity of opinion. Some consider it as giving up the institution of slavery. 
 Others declare that to put our slaves in the ranks will drive our fellow- 
 citizens from them, and diffuse dissatisfaction throughout the country. 
 In reply, it is said that this policy will effectually silence the clamor of 
 the poor man about this being the rich man's war ; that there is no 
 purpose to mingle the two races in the same ranks, and that there can- 
 not be a reasonable objection to fighting the enemy's negroes with our 
 own ; that as to the abandonment of slavery, it is already proclaimed 
 to be at an end by the enemy, and will undoubtedly be so if we are 
 subjugated, and that by making it aid in our defence, it will improve 
 the chance of preserving it. 
 
 This is a grave and important question, and full of difficulty. All 
 agree in the propriety of using our slaves in the various menial c;nplo} r - 
 ments of the army, and as sappers and miners and pioneers; but much 
 diversity exist as to the propriety of using them as soldiers now. All 
 agree that when fchi ion becomes one of liberty and ind 
 
governor's message. 17 
 
 on the one hand, or subjugation on the other, that every means within 
 our reach should be used to aid in our struggle, and to baffle and thwart 
 our enemy. I say every man will agree to this ; no man would hesitate. 
 Even if the result were to emancipate our slaves, there is not a man 
 that would not cheerfully put the negro into the army rather than be- 
 come a slave himself to our hated and vindictive foe. It is, then, sim- 
 ply a question of time. Has the time arrived when this issue is fairly 
 before us? Is it indeed liberty and independence or subjugation which 
 is presented to us ? A man must be blind to current events — to the 
 gfgantic proportions of this Avar — to the proclamations of the enemy — 
 who does not see that the issue above referred to is presented noiv. 
 And, I repeat, the only question is, has the time arrived? Are we able, 
 beyond a question, to wage successful war against a power three times 
 our own in numbers, with all Europe from which to recruit, and who un- 
 hesitatingly put arms in the hands of our own negroes for our destruc- 
 tion? I will not say, that under the Providence of God, we may not 
 be able to triumph, but I do say that we .-In mid not from [any mawkish 
 sensibility, refuse any means within our reach which will tend to enable 
 us to work out our deliverence. For my part, standing before God 
 and my country, 1 do not hesitate to say "that I would arm such portion 
 of our able-bodied slave population as may be necessary, and put them 
 in the field, so as to have them ready for the spring campaign, even if 
 it resulted in the freedom of those'thus organized. Will I not employ 
 them to light the negro force cf the enemy ? yea, the yankees them- 
 selves, who already boast that they have two hundred thousand of our 
 slaves inarms against us? (Jan we hesitate — can we doubt — when the 
 question is, whether our enemy shall use our slaves against us, or we 
 use them against him — when the question may be between liberty and in- 
 dependence on the one hand, or subjugation and utter ruin on the other. 
 
 In the meeting of the governors the following resolutions upon this 
 subject were unanimously adopted : 
 
 " And whereas the public enemy having proclaimed the freedom of 
 our slaves, are forcing into their armies the able-bodied portion thereof, 
 the more effectually to wage their cruel and bloody war against us: 
 Therefore, 
 
 Be it resolved, That it is the true policy and obvious duty of all 
 
 slave owners timely to remove their slaves from the line of the enemy's 
 
 approach, and especially those able to bear arms ; and when they shall 
 
 fail to do so, that it should be made the duty of the proper authorities 
 
 3 
 
18 governor's message. 
 
 to enforce the performance of this duty, and to give to such owners "all 
 necessary assistance as far as practicable. 
 
 Resolved, That the course of the enemy, in appropriating our slaves 
 •who happen to fall into their hands, to purposes of war, seems to justify 
 a change of policy on our part ; and whilst owners of slaves, under the 
 circumstances, should freely yield them to their country, we recommend 
 to our authorities, under proper regulations, to appropriate such part of 
 them to the public service as may be required." 
 
 The object of these resolutions, as understood by me, was to call pub- 
 lic attention to the consideration of the policy of bringing our slaves 
 into this war. It seems that "a change of policy on our part" was 
 contemplated ; and we determine, in reference to our slaves, to " re- 
 commend to our authorities, under proper regulations, to appropriate 
 such part of them to the public service as may be required. 
 
 I am aware that a clamor has been raised against the policy of put- 
 ting the negroes into the army, by good and loyal men, because, they 
 say, "the end is not yet" — that our army of citizen soldiers is still 
 competent to make good' our defence. No one would advocate the policy 
 of thus appropriating our slaves, except as a matter of urgent necessity; 
 but, as public opinion is widely divided on this subject, does not com- 
 mon prudence require us to fear that those opposed to this extreme 
 measure may be mistaken ? Suppose it should so turn out, how deep 
 would be their responsibility to the country, to freedom and indepen- 
 dence everywhere ? I know it is the opinion of some of the highest 
 military authorities that the time has come when we should call our 
 slaves to our assistance; and I hold it to be clearly the duty of every 
 citizen, however much he may doubt the wisdom and necessity of the 
 policy, to co-operate in strengthening by every means our armies. I 
 repeat, I know this policy is looked to with anxiety by some of the ablest 
 military men of the age, who believe that it is of the last importance 
 that it should be adopted without delay. I therefore earnestly recom- 
 mend to the legislature that they should give this subject early conside- 
 ration, and enact such measures as their wisdom may approve. 
 
 As an additional auxiliary to the successful prosecution of the war, 
 I deem it of the gravest consequence that our currency should be im- 
 proved. I am entirely satisfied that it may be effected. With the great 
 staples at our command, as the basis of such purchases abroad as arc 
 necessary to our defence, with a judicious system' of taxation and pub- 
 lic credit, the blunders of the past may be speedily reformed, and the 
 
QOVBRNOa'S MESSAGE. 19 
 
 public confidence assuredly revived. I bring this subject to your con- 
 sideration, as you may promote the policy of improving the currency, 
 by lending the aid of co-operative legislation to. that of the confederate 
 government. 
 
 There is a measure now pending before congress, proposing to reduce 
 the currency by the issue of tithe certificates, in effect pledging the 
 tithes in cotton, wheat and corn to the redemption of Mich certificates 
 and continuing the tax in kind, after the war shall terminate, until they 
 shall be fully paid oil' and discharged. The security must necessarily 
 be ample, and all persons, not needing the currency for immediate use, 
 will find such investment a most judicious one. 
 
 The legislation, I would suggest, is in aid of that policy, and I sub- 
 mit the following plan for your consideration: Let the state go into the 
 market and purchase up the currency at its market value for gold — say 
 twenty in currency for one of gold. The effect of this would be to re- 
 duce the price of gold at once to that standard as a maximum, which 
 would necessarily invole a reduction in the prices of all commodities, 
 thereby securing a general benefit to every individual in the community. 
 
 The question will naturally be asked, how is the gold to be obtained? 
 The reply is easy. It is known that our state banks have a large 
 amount of specie on hand entirely unproductive, not even contributing 
 to Bustain their credit, and a source of constant anxiety to the officers 
 in charge of them. In this state of things, the banks, I have no doubt, 
 would cheerfully surrender their specie to the state, upon her obligation 
 to return it at the end of the war, and the assignment of the tax in kind 
 certificates of the confederate government issued to the state from time to 
 time for the currency which shemiglfr acquire. The faith of the state, 
 with this collateral security, would. I am persuaded, be entirely accepta- 
 ble to the banks under the circumstances which imperil us. -Should we 
 triumph in our present struggle, which I doubt not, the security would 
 be ample ; and should we fail, of course the security would be valueless, 
 and ail would be lost, except in the diffusive benefit to the people from 
 the circulation of the coin now excluded from all useful purposes. 
 
 It is no objection that this measure may not be adopted by the other 
 states. Its wisdom is -so obvious that it is hardly to be presumed that 
 they will refuse to co-operate. But happily/ it is a measure that must 
 be highly beneficial to the state which engages in it, even if alone, 
 while it would tend to aid the important effort to reduce and improve 
 the currency. I will not dwell upon this subject, but believing it a 
 
20 OOVERNOE S MESSAGE. 
 
 measure of great importance, well calculated to aid in the public de- 
 fence, as well as beneficial to the state and people thereof, I ask for it 
 your careful consideration. 
 
 Allow me, gentlemen, particularly to commend to your favorable con- 
 sideration the absolute necessity of regulating prices. I know this 
 policy is destined to meet a stout resistance; but fully impressed with 
 its great importance, under existing circumstances, I may be pardoned, 
 I hope, for pressing it upon your attention. 
 
 I felt myself at liberty, shortly after your adjournment, in conse- 
 quence of the failure of the bill making an appropriation to engage in 
 the acquisition of supplies, for want of a constitutional, not a numer- 
 ical majority, under the crying necessities and sufferings of the people 
 for bread, &c, to use such portion of the contingent funds under my 
 control as would partially relieve their wants. With this fund, and 
 means otherwise acquired, I engaged in this business, and am gratified 
 to believe that I contributed a considerable amount of relief to the des- 
 titute families of soldiers and other suffering poor. Among the articles 
 purchased was about three hundred thousand pounds of rice. At the 
 time I got it to this market the retail price of the grocers was two dol- 
 lars and a half per pound. This price, extortionate in a high degree, 
 was the practical result of untrammeled competition under the laws of 
 trade. By my purchase I was enabled to put it upon the market, under 
 certain restrictions as to the quantity to be purchased, at fifty cents per 
 pound, which' covered the cost and all cxpcns.es, including a small ad- 
 vance to provide against accidental losses. This involves the principle 
 of the maximum. The same result occurred in the corn I bought and 
 distributed. I sold one large lot at fifteen dollars a bushel, even send- 
 in"- a considerable quantity to the county of Tazewell. I mention 
 these facts. as practical illustrations of the value of the measure I urge 
 upon your consideration. 
 
 Having, however, discussed this question in my inaugural message, I 
 content myself by making an extract therefrom, with the single re- 
 mark, that if it be the pleasure of the legislature to appropriate the 
 requisite sums, I can no doubt place supplies here which will greatly 
 reduce their present market value, and protect our suffering state from 
 the danger of absolute starvation : 
 
 "While, however, the people of the state have acquiesced in the 
 prices fixed by the public commissioners, others have been unwilling to 
 accept them, in consequence of higher prices being offered by specula- 
 
governor's message. 21 
 
 tors and others. This very naturally produces discontent on the part 
 of the more liberal and patriotic portion of the people, while others 
 resort to hoarding, hiding and other disreputable shifts and evasions, to 
 avoid their contribution to the support of our gallant army. This state 
 of things is very demoralizing, and may, I think, be easily corrected 
 by the establishment of a state maximum, which, taking the confederate 
 maximum as a basis, shall be extended to all the productions of human 
 industry. 
 
 "I know that this proposition has always met with the most de- 
 termined opposition, and yet it has always prevailed in times of public 
 trouble. I know it is said that France tried, and France gave up this 
 policy. And yet she first tried it upon corn, then enlarged it, but never 
 made it general, adhered to it through all the dark hours of her revo- 
 lution, when she was rent by intestine dissensions, and engaged in war 
 with the whole of Europe, and never abandoned it until she had re- 
 sumed a specie currency, composed her intestine feuds, and brought 
 continental Europe to her feet. What occasion had France to adhere 
 to this policy, when she fed her armies from the stores of other nations, 
 and replenished her treasury by contributions upon them? 
 
 " But it is the duty of wisdom to comprehend the force of circum- 
 stances. What is our situation ? We are cut off from the world by 
 our enemies, insulated as completely as if we were on an island in mid- 
 ocean, and no productions from abroad, like tie I by us, are al- 
 lowed to come in competition with our own. Can it b led, with 
 any proprii ty, thai there can be, in such a state of things, a market 
 price for commodities in the sense of the economists ': Again, the sup- 
 ply of our own productions is inadequate for a liberal consumption. 
 Bread, meat, shoes, cotton and woolen cloths, are painful illustrations 
 of this stern fact ; and I ask, where is the competition to be found which 
 is to put these articles within easy reach of the naked and the hungry ? 
 It is sometimes said, that it is the currency which causes this great ex- 
 aggeration of prices. To some extent, this may bo so. But where the 
 supply of actual necessaries is deficient, and the price of them is fixed 
 by the conscience of the seller alone, the currency is of but little signifi- 
 cance ; the hungry must be fed, and the seller knows it ; ami the price 
 must be paid, in whatever currency required. 
 
 "Nor is the maximum unknown in daily life. It was the law, that 
 the person who took out a license as a tavern keeper should keep proper 
 accommodations for the traveler, and then should not charge him for 
 
22 GOVERNORS MESSAGE. 
 
 meals at pleasure, but only the rates fixed by the county courts. So in 
 the cases of bridges and ferries, where the prices are fixed by law. But 
 there is a very remarkable case of maximum which seems to have es- 
 caped general observation — I mean interest upon money. No lender 
 shall take more than six dollars for the loan of one hundred dollars for 
 one year. Should the lender bargain for more, the contract is void. If 
 he takes more, he forfeits double the sum loaned. Here is a maximum 
 of great antiquity, on money, the token or representative of all pro- 
 perty; and yet it is not proper to set a maximum on the property so 
 represented ! 
 
 ''That the law of maximum will be difficult to enforce, I readily ad- 
 mit. So is the whole criminal code. So is the law which forbids the 
 loan of money at more than legal interest. So is that bright, hopeful 
 and glorious plan of salvation for which a Saviour died. But shall we, 
 for such reasons, abandon our efforts to reform, benefit and save man- 
 kind ? 
 
 "But the maximum would have other important advantages. It would 
 put an end to discontent among the people ; it would extinguish the 
 practice of hoarding and hiding. Without any hope of increasing 
 prices, producers would cheerfully furnish to consumers 'their surplus. 
 Uniformity of price and the application of the maximum to all things 
 would, I am persuaded, inspire general satisfaction, and relieve the 
 necessary duty of collecting, supplies for the army of that irritation 
 which has heretofore, in many cases, made the duty most unpleasant, 
 and restore those kind and agreeable relations which should always ex- 
 ist between the people and their government. Surely, when such must 
 be the happy consequence of this measure, the states will speedily 
 adopt it." 
 
 The act entitled an act to provide for the purchase, and distribution 
 anion"- the people of the state of cotton, cotton yarns, cotton cloths 
 and hand cards, passed March 9th, 1864, was put in operation shortly 
 after your adjournment, by the appointment of S. Bassett French, 
 Esq., as commercial agent. It was somewhat delayed by the difficulty 
 of obtaining a suitable agent, not a single application for the agency 
 having been made, in consequence, chiefly, of the large amount for 
 which a bond was required, and I was compelled to press it upon Colonel 
 French, then acting as my aid. 
 
 The agency, although very much embarrassed for the want of trans- 
 portation, and restricted in the extent of its operations/has been a 
 
governor's message. 2-\ 
 
 source of very great relief to the people. Its operations, limited as they 
 have been, have had a decided effect upon the markets, of the articles 
 in which it dealt. It has saved thousands of dollars to the people, and 
 greatly improved their comforts. The report of the agency, which will 
 soon be laid before you, will be a powerful argument in favor of a maxi- 
 mum, inasmuch as they have, to a very large extent, prevented the 
 shameless extortion practiced upon our fellow-citizens in the enumerated 
 articles, clearly demonstrating its necessity, or the appropriation of 
 large sums for the purchase and sale, by the state, at cost, of all the 
 leading articles of consumption. 
 
 I have already mentioned that I had engaged in some operations de- 
 signed to relieve the distress of our fellow-citizens, and I will now add 
 have also supplied, to some extent, the penitentiary and state guard. I 
 also, with a view to aid in furnishing materials to the workshops of the 
 penitentiary, shipped several small lots of cotton abroad, and imported 
 in return, leather, steel and a variety of other articles intended for the 
 purposes stated and the other uses of the state. 1 ha* T e also ordered 
 cloth for the state guard, which, for want of proper clothing, j n 
 a very discreditable appearance. The result, so far, of these opera- 
 tions, is highly satisfactory. The difficulty in this business is in ob- 
 taining transportation on the railroads, their whole capacity being gene- 
 rally engrossed by the confederate government. With a train, the ex- 
 clusive property of the state, and a moderate appropriation, I could put 
 supplies of bread and meat here, which would greatly relieve the dis- 
 tresses and wants of our people. With an appropriation of an amount 
 sufficient to enable me to purchase a steamer and to load her with cot- 
 ton and other staples, I could clothe our volunteers in comfort and de- 
 cency, and enable the state to redeem the pledge made to our volunteers 
 by the resolution adopted January 17th, 1862. It is morlifying to the 
 pride of the Virginian to see our gallant soldiers in the field in a state 
 of want and destitution, while the soldiers of other states, more enter* 
 prising, have every comfort which they require. With these facilities, 
 I could easily supply all of our state institutions abundantly and upon 
 the best of terms. I shall be prepared to submit to a, committee of the 
 legislature an account of these operations, which I flatter myself will he 
 entirely satisfactory. 
 
 In the management of the purchases I have made, within the Con- 
 federacy as well as abroad, and in the distribution thereof, I have called 
 to my aid the quartermaster's department, the members of which have 
 
24 governor's message. 
 
 cheerfully performed all the duties required of them. The report of 
 the acting quartermaster general, Major Fitzhugh, will disclose the 
 character and extent of these operations, and is herewith respectfully 
 submitted. 
 
 In connection with this subject, I have to call your attention to the 
 rights of the state over the railroads within her limits. By the 23d 
 section of chapter 41 of the Code, it is provided that "troops, persons 
 and. munitions, &C. and other property of the Confederate States shall, 
 in time of war, be required to pay only one-half of the regular tolls 
 payable by other persons." The construction put upon the railroad 
 law by the managers of these roads, sustained by the opinion of the at- 
 torney general, is that Virginia is not included in this provision, and 
 that freights upon her goods and persons traveling in her service arc 
 charged as the persons and property of private individuals. This dis- 
 crimination is certainly very unjust to the state, especially as she is a 
 large stockholder in all of said roads. Some roads, it is true, have put 
 the state upon the same footing with the confederate government; but 
 that is at the pleasure of the management of the road, and ought to be 
 regulated by law. In North Carolina anr] other states the practice ob- 
 tains, I suppose by authority of law, that whenever the governor re- 
 quires a train on the road for the public use, he issues his order to the 
 particular road upon which transportation is required, and it is promptly 
 furnished, to the exclusion of all other demands whatever. I respect- 
 fullysuggest that a similar law be enacted, conferring upon the governor 
 the same authority. 
 
 Allow me to suggest a careful examination into the business opera- 
 tions of our railroads. Undoubtedly they are far from affording to the 
 traveler that comfort, celerity and dispatch which was expected at the 
 time of theiii construction. This is hardly denied by the managers of 
 the roads ; and their excuse is, the pressure of the government busi- 
 ness, and the difficulty of obtaining the requisite materials and hands to 
 keep them in proper order. Others say, however, that the fault con- 
 sists in their failure to apply their receipts to repairs, equipment and 
 construction, growing out of their eagerness to pay off their debts. 
 Without professing to know how the fact is, the inconvenience to the 
 public calls for a careful investigation. 
 
 I have the honor to lay before you, for your consideration, the annual 
 report of the adjutant general. It embraces the report of the ord- 
 nance department. Like all the reports of this old and valuable officer, 
 
ftOYERNOR's .MESSAo'E. 25 
 
 it abounds in wise and practical suggestions ; which I recommend to 
 jour favorable consideration. 
 
 I submit likewise the report of the attorney general. 
 
 From my late connection with the army, I could but learn the great 
 inconvenience and expense to whi h our soldiers are put in the adjust- 
 ment of their claims against the confederate government. The claims 
 of the widows and orphans of those who had died or been killed in bat- 
 tle, were also difficult of adjustment, for want of proper information, 
 and the great expense of prosecuting them before the government, re- 
 sulting frequently in their abandonment, or the employment of agents 
 at a ruinous compensation. I felt that some provision should be made 
 for an easier and cheaper collection of these highly meritorious demands. 
 With this view, I ordered Colonel Henry Hill, paymaster general 
 of the state, without existing employment, to undertake the adjustment 
 of all such claims, free of charge. He was also directed to attend to 
 all claims on the part of any soldier of the Virginia forces, also free of 
 charge. And I authorized him to provide himself with whatever was 
 necessary to the efficient performance of his duty. Colonel Hill being 
 in the pay of the state, the additional expense will be inconsiderable ; 
 but still, if such an agency should meet with your approbation, some 
 legislation will be necessary to perfect it. I am satisfied that it has 
 already produced much good, and I recommend it to your favor. 
 
 After your adjournment, I was repeatedly called upon to take steps 
 to make a record of the Virginia forces, which should include not only 
 a full list of all those gallant spirits who had dedicated their lives to 
 the defence of their country, but also a list of deaths by disease and 
 battle ; of those wounded, and at what places ; of those distinguished 
 by acts of extraordinary gallantry ; of desertions ; of traitors — in 
 short, to make a roll of honor as well as dishonor, so as to transmit to 
 posterity a complete record of the conduct of the sons of Virginia. 
 Completed and carried out, as it is important it should be, it will be a 
 book of valuable reference, and of profound interest to us all. Yield- 
 ing to what seemed to h£ public sentiment, and instituting an examina- 
 tion to see what laws (if any) had been passed upon the subject, I found 
 an act passed Febauary 7th, 1862, entitled "an act to empower the go- 
 vernor to have made out, and filed in the state department, complete 
 lists of Virginia forces." In the preamble to the act the policy indi- 
 cated above seems to have been intended by the legislature ; and as the 
 power is conferred by that act upon the governor to do all things neces- 
 
2G governor's message. 
 
 sary to carry out such intent, I organized n board accordingly, by the 
 appointment of Joseph Jackson, jr. as the head thereof, with an assis- 
 tant, and specified the salaries I ired by them — inadequate, it is 
 true, hut conforming substantially to the compensation provided by law 
 for the officials in the several departments of the state government. I 
 subsequently authorized other appointments, still however not in suffi- 
 cient number to proceed with proper dispatch in the execution of this 
 noble work. The plan and progress of the work will, however, be dis- 
 closed in the official report of Mr. Jackson, to which I invite attention. 
 
 In consequence of the great atrocities of the enemy, of every de- 
 scription known to savage war, I enlarged the duties of the recorder, by 
 directing him to take evidence .of the outrages referred to, that an un- 
 doubted memorial thereof might be preserved, and the truth might 
 stand forever vindicated. I deem this the more necessary, as posterity 
 will not believe, without the clearest proof, that a powerful people, 
 boasting of its civilization, was capable ef perpetrating acts that should 
 damn them throughout all time and with every christian nation. This 
 organization, however, requires legislation to perfect it. 
 
 The penitentiary report will also he laid before you. I flatter -my- 
 self it will exhibit very gratifying results. I believe that, under the 
 management of its present efficient superintendent, it will soon develop 
 a high degree of prosperity. It lias labored under great disadvantages 
 from want of supplies and proper managers, from which causes heavy 
 losses have been sustained. When large shops are out of material and 
 hands consequently without employment — when an unskilled manager 
 of a shop permits work to be imperfectly finished — heavy losses must be 
 inevitably incurred. Such has been the case with this institution under 
 its present organization, on several occasions. It is almost impossible 
 to obtain material in the existing condition of the country ; and true 
 economy requires us to encounter the hazards of the blockade business, 
 that we may draw our supplies from abroad. Another disadvantage to the 
 institution grows out of the number of convictions for short terms. The 
 period is too short for the convict to learn a trade, and his labor is 
 consequently wasteful and unproductive. I trifst, gentlemen, that you 
 will correct this evil, by increasing the minimum term for which impri- 
 sonment in the institution is' permitted. 
 
 I have exercised the pardoning power with liberality in the short term 
 cases, especially when the convicts were soldiers, or would make such. 
 I thought it better to restore them to their commands, or to the enroll- 
 
governor's message. 27 
 
 ing officer, as {.lie ease might be, after a confinement sufficiently long 
 to vindicate the majesty of the law, than to protract an unprofitable 
 confinement. A list, however, of the eonvicts who have been pardoned, 
 with the reason therefor, will be laid before you. 
 
 The mode of supplying the penitentiary, through a purchasing agent, 
 has been most judicious, and has in a great degree protected that insti- 
 tution against the effect of advancing prices. 
 
 I have found it very difficult to provide proper clothing for the state 
 guard; in consequence of which their appearance is not such as could 
 be desired. I have, however, recently made a temporary arrange- 
 ment to obviate this difficulty, which I hope will not again occur. A 
 most expensive system existed of supplying the guard with rations, 
 which I deemed it my duty to change. I directed the purchasing agent 
 of the penitentiary to purchase for this organization aiso, which has 
 been done so satisfactorily as to save a large sum to the treasury. The 
 appropriation need not be as large for the coming year as for that of 
 the preceding one. 
 
 I herewith communicate the report of the rector and visitors of the 
 University of Virginia. It is so full and satisfactory that it requires 
 no comment. 
 
 I also lay the report of the Central lunatic asylum before you. I 
 invite attention to its suggestions. One of them is to sanction the pur- 
 chase of supplies by the obligations of the institution, payable after 
 the war. This is rather an interesting question, and without entirely 
 adopting the suggestion, I commend it to your attention. I regret that 
 this great public charity should feel the influence of an expanding cur- 
 rency in the enlarged appropriation which it needs. You will not, I 
 .am sure, refuse it. 
 
 The report of the Virginia Military institute will, of course, be laid 
 before you. This valuable and interesting institution has suffered se- 
 verely from the inflictions of this war. Her gallant corps of cadets 
 have illustrated their training by conspicuously participating in the 
 hard-fought battle of the 15th day of May, 1864, at New Market, un- 
 der Major General Breckinridge, and giving a foretaste of what may 
 be confidently expected of them when new fields may demand their 
 valor and maturer manhood may call for its display. Subsequently, 
 however, the advancing power of the enemy swept up the Valley, and, 
 n its desolating path, destroyed their fine buildings, mafting it neces- 
 sary to obtain other quarters. After much difficulty, the almshouse 
 
28 GOVERNOR'.- MESSAGE. 
 
 near this city, admirably fitted for the purpose, has been obtained, where 
 the exercises of the school will be resumed as soon as the proper pre- 
 parations can be made. 
 
 The report of the auditor of public accounts shows that the revenue 
 
 standing to the credit of the commonwealth proper, on the 1st day of 
 
 October last, amounted to ... 5,416,734 87 
 
 The same officer estimates receipts into the treasury 
 
 during the fiscal year ending 30th of September next, 
 
 from the several sources of revenue, at - - 4,612,010 00 
 
 Making a total sum of - - 10,028,744 87 
 
 He estimates that the disbursements during the same 
 
 period will be - ' - - - - 21,509,090 61 
 
 Leaving a deficiency of - - $11,480,345 74 
 
 Since the 1st of October, at the beginning of the present fiscal year, 
 the commissioners, consisting of the governor, treasurer and auditor of 
 public accounts, in pursuance of " an act to authorize the funding of 
 certain currency belonging to the state in confederate bonds, and to 
 authorize the sale of such bonds if necessary, and to authorize the con- 
 version of other notes into other issues," passed March 3d, 1864, caused 
 $5,000,000 of the currency then standing to the credit of the com- 
 monwealth to be funded in six per cent, confederate bonds ; and al- 
 though they were authorized by act of assembly to make sale of the 
 bonds, they have neither deemed it necessary or prudent to do so. This 
 funding has withdrawn $5,000,000 of the currency, which stood to the 
 credit of the commonwealth on the 1st of October, and would, appa- 
 rently, enlarge the above deficiency to $16,480,345 74, were it not that* 
 the legislature may satisfy a part of the present demands upon the 
 treasury due to the commissioners of the sinking fund, by a transfer of 
 the said confederate bonds to that corporation, under the provisions of 
 the twenty-ninth section of the fourth article of the constitution of 
 Virginia, which provides that " there shall be set apart annually, from 
 the accruing revenues, a sum equal to seven per cent, of the state debt 
 existing on the first day of January in the year eighteen hundred and 
 fifty-two. The fund thus set apart shall be called the sinking fund, 
 and shall be applied to the payment of the interest of the state debt 
 and the principal of such part as may be redeemable. If no part be 
 redeemable, then the residue of the sinking fund, after the payment of 
 
governor's MESSAGE. ' '29 
 
 such interest, shall be invested in the bonds or certificates of debt of 
 this commonwealth, or of the Confederate States, or of some of the states 
 of this Confederacy, and applied to the pajmient of the state debt as it 
 shall become redeemable. Whenever, after the said first day of Janu- 
 ary, a debt shall be contracted by the commonwealth, there shall be set 
 apart in like manner, annually, for thirty-four years, a sum exceeding 
 by one per cent, the aggregate amount of the annual interest agreed to 
 be paid thereon at the time of its contraction, which sum shall be part 
 of the sinking fund, and shall be applied in the manner before directed. 
 The general assembly shall not otherwise appropriate any part of the 
 sinking fund, or its accruing interest, except in time of war, insurrec- 
 tion or inwasion." 
 
 It must be remembered that no part of the state debt is redeemable, 
 except at the pleasure of the general assembly ; in which event, the 
 commissioners of the sinking fund may invest the funds as well for re- 
 demption as for investment in the bonds of the Confederate States. 
 This disposition of the confederate bonds would diminish the present 
 demand upon the treasury, by the sum of $2,269,772 80, now due for 
 redemption and investment, and relieve the treasury from the obligation 
 of making further provision for such fund until after the year 1868. 
 
 I deem it right to say that this large deficit may not be expected to 
 be called for during the coming year. Indeed, I am satisfied that there 
 will be no difficulty in meeting all demands upon the treasury, with the 
 aid of proper arrangements. Besides other large claims against the 
 confederate government, the auditing board of the state report a balance 
 against it, for moneys paid out, or cash articles supplied, amounting to 
 eight millions one hundred and fifty-four thousand six hundred and one 
 dollars and one cent ($8,154,601 01). Some of the vouchers for this 
 amount have not yet been obtained, but there will be no difficulty in 
 procuring them. This large claim should no longer be neglected ; but 
 to some one should be assigned the special duty of settling and collect- 
 ing it. Its payment would greatly relieve* the treasury. 
 
 The statement of the treasurer is herewith submitted, characterized 
 by its usual intelligence and perspicuity. It requires no comment. 
 
 The second auditor's report will also be laid before you. It exhibits 
 a clear and lucid condition of the public debt. 
 
 Under the operation of^the tax laws of the confederate government, 
 the right is asserted to tax the stock of the stale, in her various corpo- 
 rations. This claim was made during the administration of my pre- 
 
30 ' GOVERNORS MESSAGE. 
 
 decessor, and was then abandoned, but is now revived. It is not pre- 
 tended that the confederate government has a right to tax state property, 
 but it is insisted that her property in banks, railroads and other corpo- 
 rations being in the form of stock, she has merged her sovereignty, and 
 consequently that she has only the rights of private corporations, and 
 is subject to the taxation imposed upon them. This distinction is merely 
 technical, and I forbear criticising it as I might. The opinion of the 
 attorney general is strongly against it. As the amount involved is large, 
 it should receive prompt attention. 
 
 A strong disposition has been evinced from time to time to suppress 
 distillation of grain, &c; but unfortunately, the distillation of undriert 
 fruit was not included in the prohibition. The recent crop of apples 
 was the most abundant we have had for many years, and would have 
 furnished a large amount of healthy succulents and an ample supply of 
 vinegar, so essential as an anti-scorbutic for our soldiers. But a frenzy, 
 almost, seems to have seized upon the people for converting this fine 
 crop into brandy, which, in its effects upon our army, is most pernicious. 
 I earnestly recommend that the law may be enlarged, so as to compre- 
 hend an inhibition of the distillation of all fruit. 
 
 Difficulties still exist in connection with the state salt works, and the 
 transportation to and from them. It is very much to be regretted that 
 this gift of God to man cannot be enjoyed in peace. The states of 
 North Carolina, Georgia, Alabama and Tennessee, through their agents, 
 complain of their treatment in relation to their trains, and believe that 
 they do not obtain that liberal justice which, they think, the comity be- 
 tween the states should give them. This impression originates, from 
 what I can learn, in the manner in which transportation is conducted 
 on the Virginia and Tennessee road, and in the belief that the private 
 salt of the state superintendent is transported thereon contrary to the 
 spirit of the acts in relation thereto. By the law, as it now stands, it 
 is expressly declared, "that .whenever the superintendent shall become 
 interested, directly or indirectly, in the manufacture or sale of salt, his 
 office shall be declared vacant." By a contract between the board of 
 supervisors and said superintendent, they litre from him one hundred 
 and twenty-one negro men, at ten bushels of salt each per month, and 
 twelve negro women, at five bushels per month each, making an aggre- 
 gate of nearly thirteen hundred bushels of salt per month ; which, ne- 
 cessarily, must find a m'arket, or be useless to the, owner. The right as 
 well as the policy of such a contract may well be questioned. Un- 
 
governor's message. . 31 
 
 doubtedly it nullifies the restriction referred to, and moreover inspires 
 an impression on the part of those interested in the production and 
 transportation of salt that it is to the interest of the superintendent to 
 appropriate the transportation to his own private benefit, and to em- 
 barrass its production and transportation on the part of others. How- 
 ever unfounded this suspicion may be — and I have great confidence in 
 the fairness and integrity of Col. Clarkson — yet, the policy of the act 
 prohibiting the superintendent from any interest in the. sale of salt, so 
 as to protect him from all suspicion, ought undoubtedly to be sternly 
 enforced. I respectfully suggest that a different mode of compensation 
 than that of salt should be adopted, ft will not do for Virginia, con- 
 trolling as she docs this great necessity of man, to allow such a state 
 of things as may, even plausibly, subject her superintendent to the 
 imputation of using the great power which must be confided to him for 
 his private ends. It does not look well, after impressing the property 
 of Stuart, Buchanan & Co. to protect the country against what was 
 thought to be their extortion, to allow in any degree a similar power to 
 her agenl. 
 
 I respectfully submit that we, t lie state of Virginia, ought not to em- 
 barrass in any respect the trains of our sister states strictly engaged in 
 the transportation' of their own salt, which we have authorized them to 
 make. I cannot doubt that the Virginia and Tennessee road, when it 
 is necessary to do so, can easily obtain, by private arrangement, the use 
 of such trains, when not engaged in transporting their own salt. Nor 
 can I see the difficulty which seems to prevail in getting fuel to the salt 
 works, or removing the salt, when made, therefrom. A single train of 
 cars per day. I am informed, will carry more wood to Saltville than our 
 works will consume, while a single train therefrqin, carrying three 
 thousand bushels, will transport one-third more than the whole supply 
 needed by the confederate government and the state of Virginia. Man- 
 ifestly something is wrong, and I respectfully invite your careful atten- 
 tion to the matter. 
 
 I think the operations at Saltville would be greatly simplified by the 
 state undertaking to supply her sister states with salt, deliverable at 
 Saltville, they sending by their trains supplies for the use of the works 
 at that place. I have no doubt such an arrangement would give satis- 
 faction to all concerned. 
 
 I have now, gentlemen of the assembly, frankly presented to you my 
 views upon all measures to which I deem it necessary to invite your at- 
 
3*2 . governor's message. 
 
 tention. I cannot hope that you will concur with me entirely ; but no 
 measure has been suggested, which, after careful consideration, does 
 not strongly impress me as either necessary to the improvement of our 
 condition, or calculated to strengthen our hands in the fearful struggle 
 in which we are now engaged. Our national life depends in no slight 
 degree upon the separate action of the several states of the Confede- 
 racy ; and I would not have our beloved state, in any of her depart- 
 ments, to betray a want of the purest and highest heroism in her official 
 conduct. Let us, gentlemen, remember, in the eloquent language of 
 our court of appeals, that "*the obligation of the citizen to render mili- 
 tary service is a paramount social and political duty," and pass all laws 
 which are necessary to give a military organization to our* whole peo- 
 ple. If, in any proposed measure, we doubt our power or its propriety, 
 let us remember that it is a well established rule of construction, " that 
 all grants of privileges and exemptions from general burdens are to be 
 construed liberally in favor of the public, and strictly as against the 
 grantee." • 
 
 And now, gentlemen, firmly relying upon a merciful God to crown 
 our efforts with a safe deliverance from the perils which threaten our 
 dearest hopes and most precious interests, I invoke the favor of Heaven 
 upon your labors, not doubting but that all your aims will be your 
 Country's, your God's, and Truth's. 
 
 Respectfully, 
 
 WM. SMITH. 
 
governor's message. 33 
 
 AN ACT TO PROVIDE FOR A STATE GUARD. 
 
 Whereas the state of Virginia has suffered severely, during the pre- 
 sent war, by the hands of our uncivilized foe, in the desolation of the 
 homes, the waste, consumption and robbery of the property of many of 
 our people : and whereas large districts of our territory are in the 
 hands of such enemy, while the people thereof, because of such bar- 
 barian conduct, have been, in many instances, reduced to poverty and 
 want, and not unfrequently imprisoned in loathsome dungeons, for no 
 other reason than their detestation of the wretched tyranny by which 
 they are outraged and oppressed : and whereas the conduct of our foe 
 clearly indicates that he has no expectation of reconstruction nor desire 
 of reunion with us, and looks only to our impovishment and subjuga- 
 tion, thus imposing upon us the noble duty of organizing our whole 
 strength, in aid of our gallant brethren in the field, that by our com- 
 bined exertions we may establish our liberty and independence, or fail- 
 ing in which, may find a patriot's grave : and whereas the able-bodied 
 men of the state, designated as the militia thereof, are now in the service 
 of the Confederacy or subject to her control, while we have a large 
 number of men and lads who are able to render most important service 
 in repelling raids, arresting deserters and other military delinquents, 
 relieving posts and assisting in the defence of cities, towns, &c, are un- 
 organized and subject to no military duty whatever: Now, therefore, 
 
 1. Be it enacted by the general assembly, that all white male inhabi- 
 tants of the state, of sixteen years and upwards, who are not enrolled 
 in the army of the Confederate States, or who have been discharged 
 therefrom, and all refugees and persons sojourning within the state, 
 shall be immediately organized by the governor in such manner as to 
 him may seem best. It shall be the duty of the several county and 
 corporation courts to convene immediately after the passage of this act, 
 and with the aid of the commissioners of the revenue, sheriffs and ser- 
 geants, and by way of assistance to the governor, cause all the persons 
 before mentioned to be enrolled. And it shall be the duty of all per- 
 
34 governor's message. 
 
 sons subject to enrolment to report themselves to said courts without 
 delay, stating their respective ages. Any person who may fail or refuse 
 to report himself, shall be iined by the court not less than fifty nor more 
 than one hundred dollars, to be levied and collected as militia fines. In 
 execution of the duty required of them by this act, the courts are em- 
 powered to require the attendance of their clerks, the sheriffs, sergeants 
 and commissioners of the revenue of their several counties and corpo- 
 rations, whose presence shall be entered of record. And should any 
 one of the officials before enumerated fail in their attendance in whole 
 or in part, without good and sufficient cause, of which the court shall 
 be the sole and exclusive judge, such delinquent shall be fined one hun- 
 dred dollars, to be collected as the other judgments of their courts, and 
 paid into the treasury of the state. The enrolment hereby required 
 shall be preserved in the clerk's office, and a copy thereof shall be for- 
 warded to the adjutant general of the state. 
 
 2. The special character of the service herein provided for, leaves 
 but little room for exemptions or substitutes, and therefore they are left 
 to be provided for, in peculiar cases, by the governor, by such regula- 
 tions as he may deem expedient. But all professors of religion, of 
 whatever denomination or creed : all physicians ; all shoemakers, tan. 
 ners, blacksmiths, wagon makers, millers and their engineers, mill- 
 wrights, operators in wool and cotton factories ; paper mills ; and all 
 teachers of colleges, academies, schools and theological seminaries; all 
 artisans, mechanics and employees in the establishments of such persons 
 as may be engaged under contracts with the state or confederate gov- 
 ernment ; all managers, mechanics and miners employed in the manu_ 
 facture Of salt, of lead and iron; those engaged in burning coke, miners 
 in coal mines, and all those engaged in attending upon cattle, mules, 
 horses and sheep ; all who may be engaged for police purposes, and such 
 as have been or may be exempted by the president on the ground of jus- 
 tice, equity or necessity, and exempted under and by virtue of the act 
 of congress passed 11th October, 1862 ; all men detailed for special 
 duty by order of the secretary of war, his assent thereto being first had 
 and obtained, and all who shall have furnished substitutes in the state or 
 confederate service, refugees and persons sojourning within the state, 
 shall be embraced in the enrolment directed by this act. 
 
 3. The governor is authorized and required to organize the force pro- 
 vided by this act in all respects as to him may seem best. As soon 
 as he shall complete the organization herein directed, he shall re- 
 port the same to the general assembly for their information, and for 
 
governor's message. 35 
 
 such action, if any., as to them may seem fit. This force shall be de- 
 nominated the "state guard," and may be called out by the governor, 
 in part or in whole, whenever in his judgment it is necessary in defence 
 of the state ; in resisting raids and sudden invasion ; in preserving 
 order and domestic tranquillity; in relieving the confederate govern- 
 ment from the necessity of providing guards for the protection and se- 
 curity of prisoners : for the various posts and other necessary organiza- 
 tions ; to arrest deserters, absentees and other military delinquents. 
 Such portions of the " state guard" as may be raised in their respective 
 counties, cities and towns, shall be assigned to duty therein, if not in- 
 consistent with the public interests, when necessary. No portion of 
 such "guard " shall, under any circumstances, or at any time, be re- 
 quired to go beyond the limits of the state ; nor shall such "guard," 
 or any portion thereof, be called into service for a longer period at any 
 one time than thirty days. 
 
 4. Such enrolled men as possess private arms may be required to use 
 them in the public service, and shall be compensated for any loss or 
 damage they may sustain by so doing. The remainder shall be armed 
 by the state ; and all shall be furnished with the requisite ammunition. 
 It shall be the duty of the governor to see that the arms and other 
 public property which may be issued from time to time to the "state 
 guard " shall be promptly accounted for and delivered up, when thereto 
 required, under such rules and regulations as he may prescribe. 
 
 5. The governor may establish such rules and regulations for the 
 promotion of discipline and efficiency in this organization as he may 
 deem necessary. And if any person who is held to service under this 
 act shall fail or refuse to perform any of the military duties required 
 by its provisions, he shall be imprisoned in the jail of the county or 
 corporation not less than ten nor more than thirty days, at his own 
 proper costs and charges, and shall be fined not less than ten nor more 
 than one hundred dollars ; and if he be not a native of any of the 
 Confederate States, shall be required to leave the state of Virginia 
 forthwith. The commandant of each regiment shall detail a board, 
 consisting of one field officer and two commandants of companies, and 
 the commandant of the battalion, where there is no regiment, shall de- 
 tail a board, consisting of three commandants of companies, who shall 
 take cognizance of and decide upon all such cases. All fines imposed 
 by these boards shall be promptly collected by the sheriff or sergeant as 
 militia fines, upon certificate of the presiding officer. 
 
36 governor's message. 
 
 6. This act being a war measure, -will cease and be of none effect 
 from and after the proclamation of peace. So much of the act passed 
 March 7th, 1862, entitled an act to authorize the governor to organize and 
 call out certain military forces for the defence of the state as provides for 
 the organization of a second class militia, and the act passed May 14th, 
 1862, entitled an act to organize a "home guard," be and are hereby 
 absorbed in the organization authorized by this act ; and all other acts 
 and parts of act in conflict therewith, shall be and are hereby sus- 
 pended. All commissions under the acts above specified shall be and 
 are null and void. 
 
 7. This act shall be in force from and after its passage. 
 
governor's message. 37 
 
 SUPPLEMENTAL MESSAGE. 
 
 State of Virginia, Executive Department, 
 
 Richmond, December 9th, 1864. 
 To the G-eneral Assembly of Virginia : 
 Gentlemen, 
 
 In my message of yesterday, I find I was accidentally 
 led into an error, which it is proper should be promptly corrected. The 
 letter of the auditor of public accounts, herewith communicated, ex- 
 plains the mistake and how it occurred. ' From the data furnished me 
 from the books of that office, I stated that there would be a deficiency 
 in the treasury, at the end of the fiscal year 1865, of eleven millions, 
 four hundred and eighty-three thousand, three hundred and fifty-five 
 dollars and seventy-four cents, which, I confess, was an amount much 
 greater than I had supposed. From the statement now supplied, I am 
 gratified to say that the estimated deficiency at that time will be only 
 three millions, nine hundred and twenty-two thousand, three hundred 
 and eighty-nine dollars and fifty-six cents, an amount, in time of war, 
 really insignificant. When it is considered that the people of the com- 
 monwealth, for the last year, were relieved almost entirely from state 
 taxation, this result is certainly encouraging. I invoke your attention 
 to the letter of the auditor, and ask that the quotation from my mes- 
 sage, as corrected, may be substituted for the original statement. 
 Very respectfully, 
 
 WM. SMITH. 
 
38 governor's message. 
 
 Auditor's Office, 
 Richmond, December 8, 1864. 
 His Excellency, William Smith, 
 
 Governor of Virginia: 
 Sir, 
 
 In estimating tlie receipts of taxes and their disbursements 
 through this office for the fiscal year ending on the 30th of Sep- 
 tember, 1865, a mistake was committed in estimating as expenditures 
 $7,557,956 07 by reason of -warrants to be drawn on the old issue 
 of Confederate States treasury notes, without a corresponding credit 
 on account of the new issue to be received tor the old issue of said notes. 
 
 That part of your message relating to the report of the auditor of 
 public accounts should be corrected so as to read as follows: 
 
 The report of the auditor of public accounts shows that the revenue 
 
 standing to the credit of the commonwealth proper, on the 1st day of 
 
 October last, amounted to ... 5,416,731 87 
 
 The same officer estimates receipts into the treasury 
 
 during the fiscal year ending 30th of September next, 
 
 from the several sources of revenue, at - - 12,169,966 16 
 
 Making a total sum of - - 17,586,70103 
 
 ) estimates that the disbursements during the same 
 period will be ----- 21,509,090 61 
 
 Leaving a deficiency of 83.922,389 56 
 
 Since the 1st of October, at the beginning of th^ present fiscal year, 
 the commissioners, consisting of the governor, treasurer and auditor of 
 public accounts, in pursuance of " an act to authorize the funding of 
 certain currency belonging to the state in confederate bonds, and to 
 authorize the sale of such bonds if necessary, and to authorize the con- 
 version of other notes into other issu< b," pas ;i d .' , 1864, caused 
 $5,000,000 of the currency then standing to the credit of the com- 
 monwealth to be funded in six per c >nds ; and al- 
 though they were authorized by act of assembly to make sale of the 
 bonds, they have neither deemed it necessary or pi o do so. This 
 funding has withdrawn $5,000,000 of the currency, which stood to the 
 credit of the commonwealth on the 1st of October, and would, appa- 
 rently, enlarge the above deficiency to $8,922,389 38, were it not that 
 the legislature may satisfy a part of the present demands upon the 
 treasury due to the commissioners of the sinking fund, by a transfer of 
 Id i . lerate bonds to that corporation, under the provisions of 
 
40 governor's message. 
 
 the twenty-ninth section of the fourth article of the constitution of 
 Virginia, which provides that " there shall be set apart annually, from 
 the accruing revenues, a sum equal to seven per cent, of the state debt 
 existing on the first day of January in the year eighteen hundred and 
 fifty-two. The fund thus set apart shall be called the sinking fund, 
 and shall be applied to the payment of the interest of the state debt 
 and the principal of such part as may be redeemable. If no part be 
 redeemable, then the residue of the sinking fund, after the payment of 
 such interest, shall be invested in the bonds or certificates of debt of 
 this commonwealth, or of the Confederate States, or of some of the states 
 of this Confederacy, and applied to the payment of the state debt as it 
 shall become redeemable. Whenever, after the said first day of Janu- 
 ary, a debt shall be «ontracted by the commonwealth, there shall be set 
 apart in like manner, annually, for thirty-four years, a sum exceeding 
 by one per cent, the aggregate amount of the annual interest agreed to 
 be paid thereon at the time of its contraction, which sum shall be part 
 of the sinking fund, and shall be applied in the manner before directed. 
 The general assembly shall not otherwise appropriate any par* of the 
 sinking fund, or its accruing interest, except in time of war, insurrec- 
 tion or inwasion." 
 
 It must be remembered that no part of the state debt is redeemable, 
 except at the pleasure of the general assembly ; in which event, the 
 commissioners of the sinking fund may invest the funds as well for re- 
 demption as for investment in the bonds of the Confederate States. 
 This disposition of the confederate bonds would diminish the present 
 demand upon the treasury, by the sum of $2,269,772 80, now due for 
 redemption and investment, and relieve the treasury from the obligation 
 of making further provision for such fund until after the year 1868. 
 
 I deem it right to say that this deficit may not be expected to 
 be called for during the coming year. Indeed, I am satisfied that there 
 will be no difficulty in meeting all demands upon the treasury, with the 
 aid of proper arrangements. Besides other large claims against the 
 confederate government, the auditing board of the state report a balance 
 against it, for moneys paid out, or cash articles supplied, amounting to 
 eight millions one hundred and fifty-four thousand six hundred and one 
 dollars and one cent ($8,154,601 01). Some of the vouchers for this 
 amount have not yet been obtained, but there will be no difficulty in 
 procuring them. This large claim should no longer be neglected ; but 
 to some one should be assigned the special duty of settling and collect- 
 ing it. Its payment would greatly relieve the treasury. 
 
 I regret that I should have been led into an error finding its place in 
 your message, and I take this early opportunity to correct it. My 
 forthcoming report will exhibit the true condition of the finances of the 
 commonwealthr 
 
 I am, very respectfully, 
 
 Your most ob't serv't, 
 
 J. M. BENNETT, 
 Auditor of Public Accounts. 
 
Hollinger Corp. 
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