'/ 
 
 
 Duke University Libraries 
 
 Message of Gov. 
 Conf Pam 12mo #218 
 
MESSAGE 
 
 OF 
 
 im. JOHN GILL SPIORTER, 
 
 To the Gendfal ksemlily of h State of Jlaliaiiia, 
 
 AT THE 
 
 CALLED SESSION; 
 
 Begun and Held on. tlxe T^wenty-Seventh October, 1862. 
 
 [lOOO fox- tlie Hoixse.]:2 
 
 MONTGOMERY, ALA. : 
 
 MONTGOMEEY ADVERTISER B06k AND JOB OFFICE. 
 
 1862. 
 
 i 
 / 
 
^ 
 
^i^' 
 
 EXECUTIVE BEPARTAIENT, ^ 
 
 Montgomery, Alabama, October 27th, 1862. j 
 (jknilemen of the SenaCe and House of Eepresentatives : 
 
 Entertaining the opinion that the legislation required 
 by the condition of the country cannot be completed 
 within the time limited for your regular Session, and 
 impressed with the necessity of speedy action upon mat- 
 ters of vital importance, I have deemed it proper to con- 
 vene the two Houses in an extraordinary session. During 
 its continuance, I invite your consideration to the grave 
 subjects herein submitted, reserving commetitupon other 
 and ordinary legislative affairs for my communication to 
 the General Assembly, when your rGg'ilar Annual Meet- 
 ing shall occur. 
 
 To-day, as on the day of your adjournment, the State 
 of Alabama is untrodden by the unscrupulous toe who 
 has waged against the Confederate States the most unjust 
 and cruel War known in Ihe annals of history. Such, 
 unfortunately, has not been the ccmdition "of the State 
 during your entire recess. The disasters which, in the 
 early spring, befell the Confederate armies in Kentucky 
 and Tennessee, followed by their retreat through North 
 Alabama upon the line of defense at Corinth, opened the 
 way for the advance of the enemy into the valley counties 
 upon the Tennessee river. And wherever he dared to 
 venture, spoliation of property, larceny of slaves, burning 
 of dwellings, and incarceration of peaceful and unarmed 
 citisiens have marked his progress. Having furnished to 
 
the Confederate Army all the munitions of war then 
 available within the State, it was an occasion of profound 
 mortification to realize the fact that without adequate 
 means of defense, our people were compelled to tolerate 
 the presence of the enemy upon their own -soil, and suffer 
 the untold horrors of submission to his foul domination. 
 During his sojourn, he was perpetually intimidated, 
 harmssed and Aveakened by the brave and heroic bands 
 of State partisan companies, who, with limited numbers 
 and resources, hung upon his lines and checked more 
 extended operations. And when^ finally, forced by the 
 strategic movements of the Confederate columns to evac- 
 uate, Alabama troops were precipitated upon his rear, 
 they captured his outposts and drove him beyond the 
 borders of the State. 
 
 It is with just pride I announce to the General Assem- 
 blj^ that, with few exceptions, our fellow-citizens, who 
 wei-e resident within the lines of the enemy, remained 
 firmly attached to their beloved State, and the cause 
 of the Confederacy. The lofty patriotism, the heroic 
 courage, and the unbending virtue exhibited by the 
 many, which neither the temptations of avarice could 
 seduce, nor the presence of military and despotic power 
 subdue, are worthy of the highest commendation. 
 
 It is difiicuit for those who have enjoyed exemption 
 from the ravages of war, to realize the condition of com- 
 munities overrun and trampled by an infuriated foe. 
 All reasonable and charitable allowances should be in- 
 dulged in favor of the loyalty of a people thus unfortu- 
 nately circumstanced. There is a wide difiference between 
 a base betrayal of country, evinced in the voluntary and 
 open espousal of the enemy's flag, and that weakness, 
 occasioned by ignorance, or want of manly resolution, or 
 love of ease, which leads to indiscretion if not serious 
 
error. Hence, hasty judgments should not be pronounced 
 upon the reported conduct of any who may have been 
 subject to the cruel exactions of the enemy. Treason to 
 the sacred cause of the Confederacy, upon the success of 
 which depends all we esteem' most dear in this life, should 
 be hunted down and visited with condign punishment, 
 but to the true hearted, loyal citizen, who, in the extremity 
 of fear, or under misguided views, may have faltered iu 
 duty or committed acts of even questionable propriety, 
 short of violations of positive law, a generous forgive- 
 ness should be extended. Now, that the State is relieved 
 from the presence of the foe, let not her people waste 
 their time in fruitless complaints as to the past, which 
 can never be recalled, but with united purpose and firm 
 resolve, let them prepare for extreme resistance to that 
 augmented force, with which he threatens to return and 
 carry desolation and ruin to every home. 
 
 The retreat of the Confederate army upon Corinth 
 was followed by the abandonment of Pensacola, and the 
 withdrawal of all the land forces from the vicinity of 
 Mobile. The fleets of the enemy were then hovering upon 
 our coast, and threatening an immediate attack, which, 
 in our then exposed and weakened condition, promised 
 almost certain success. Without an organized militia 
 throughout the State, and without public arms, a call was 
 made for ninety-day armed volunteers from the counties 
 bordering the Alabama and Tombigbec rivers. In ready 
 response to this call, many companies rushed to Mobile, 
 where, with the brigade of Brig. Gen. Thomas J. Butler, 
 embracing the militia of Mobile county, which had by 
 special orders been previously prepared for the field, they 
 w^ere, by arrangement with the President, mustered into 
 the Confederate service. The presence of these troops, 
 v^ith the gradual additions from the Confederate army, 
 
6 
 
 and the construction of permanent defenses, restored 
 confidence, and gave assurance that if the enemy dared 
 an attack, he would be gallantly met, if not defeated. 
 
 STATE DEFENSES. 
 
 But while, to-day, Alabama may congratulate herself 
 upon her present exemption from invasion, and while the 
 pople of the Confederate States should utter thanksgiving 
 and praise to Almighty God for the signal victories with 
 which He has crowned their arms, we are admonished, 
 by the disasters of the past, not to indulge hopes of future 
 security, so long as there remain unaccomplished any 
 meaas of defense within the pf)wer of the State to com- 
 plete. 
 
 The enemy, while his vast columns have been suceess- 
 iyely beaten and overwhelmed by the impetuous valor of 
 our armies in the field, has been diligently at work in his 
 dock-yards and arsenals, preparing his iron clad fleets to 
 assail our seaport city, and ascend our rivers during the 
 high tides of the coming winter and spring. You do not 
 expect me to state the locality, extent and condition of 
 those defenses which have been already constructed, or 
 those in progress, the efficiency of which the enemy may 
 soon dare to test, or those projected for the further set;urity 
 of Korth and South Alabama. It will be sufii('ient, I 
 trust, to advise you, that there are means for defense 
 which may be strengthened and increased byyour timelj^ 
 interposition,- and the co-operation of the State with the 
 Confederate Government. That Government having as- 
 sumed, as was its duty, the management and direction of 
 the war, Alabama, cheerfully and trustingly, committed 
 to it tlje resources of meji and means available for her own 
 defense; and her destiny being irrevocably fixed with 
 that of her sister Confederate States, she will respond, to 
 the last, to every requisition which may be made upon 
 
her for the maintenance of the common cause. And, to 
 the Confederate Government, she has now the right to 
 look, for the protection of her own people ; but to enable 
 the military authorities of the Confederate States to ac- 
 complish important works of defense within the State, 
 the slave labor of the State is imperativelv demanded. 
 It must be had, whenever required, to such extent as may 
 be called for, and should be promptly furnished, regardless 
 of personal interest or convenience. Experience has 
 shown that there is a necessity for some well regulated 
 plan, sanctioned and enforced by such provisions'of law 
 as shall enable the State .autl]^i;jties to command this 
 labor, in any emergency which jnay arise. The enemy 
 is, even now, threatening an attack upon Mobile, and the 
 loss of that city will expose to peril the whole interior of 
 the State. He still holds possession of the lower Ten- 
 nessee, and if unchecked will, doubtless, repeat his raids 
 into North Alabama. Apalachioola may be occupied by 
 him at will, and, from that station, he may attempt the 
 ascent of the Chattahoochee river. While, from the very 
 necessity of the case, the State is dependent upon the 
 Confederate Government, which holds a monopoly of all 
 the iron establishments in the Confederacy, for heavy 
 armament and other munitions of war, yet the lal)or re- 
 quired for the construction of fortiiications and other 
 means of defense for our bays and rivers, can be obtained 
 only trc^m the people of the State. Your careful consid- 
 eration is invited to this subject, and I earnestly recom- 
 mend the adoption, at an early day, of such legislation 
 as shall enable the State authorities to control the slave 
 labor of the State, for the purposes herein mentioned ; 
 and I recommend that ample appropriations from the 
 Treasury be made to cover liabilities which may be in- 
 curred thereby, and all other outlays which may be 
 
deemed needful for the better protection and security of 
 the State. 
 
 SALT. 
 
 The scarcity of Salt, and the enormous prices heartless 
 speculators are demanding ior this article of prime 
 necessity, call for the immediate interposition of the 
 General Assembly. Viewing the legislation had at your 
 last session from the present stand-point, it will be seen 
 how far short it came of making the needful provision for 
 the present emergency. Comparatively unknown to you 
 and the people in the immediate vicinity, as were the 
 Salt deposits of the State, the innumerable difficulties 
 and drawbacks in the'%ay of making Salt — even in 
 limited quantities — and'the vast deficiency then existing 
 in the State, it could not have been reasonably expected 
 that your action would anticipate and provide for the 
 present destitution. With that wise forecast and pru- 
 dence which characterised his administration, my prede- 
 cessor in the Executive office, ii\ the absence of legislative 
 direction, and without any specinl appropriation for that 
 purpose, devoted a portion of the military fund, at his 
 disposal, to the purchase of a quantity of salt for the 
 people of the State. The wisdom of this action on his 
 part was fully shown in the distribution and sale of salt 
 for many months, whereby the people were supplied at 
 such reasonable rates as were intended to cover the cost 
 and charges paid by the State. Much of the salt was 
 purchased beyond the limits of the State, and with many 
 hindrances, delays and waste in transportation, was con- 
 veyed to the most convenient places of deposit and sale 
 within the State. As the supply gradually diminished 
 and approached exhaustion, it was more extensively dis- 
 tributed by shipments to remote sections and counties, 
 and by -,ales in limited measure, in order to meet, as tar 
 
as possible, the necessities of the people, and especially 
 the families of soldiers absent in the army. While the 
 State was thus enabled to furnish salt to the 'people, 
 speculators and extortioners had none for sale, but so 
 soon as the State supply was exhausted, they began to 
 drag it from their hidden depositories, and advanced the 
 price to the enormous figures now demanded. The pro- 
 ceeds from the sales made by the State, have been re- 
 turned to the Treasury by the several agents who had tlie 
 matter in charge, and I have directed a full account of all 
 purchases and sales to be prepared for your examination. 
 Under the acts of the last Session directing a lease of 
 the Salt reservations of the State, the lower reservation 
 was leased to John P. Figh & Co., to whom I advanced 
 six thousand dollars to aid in constructing their furnaces 
 and other necessary works. At the date of the lease, the 
 wells were inundated by the overflow of the Tbmbigbee 
 river, the high waters of which, tor several months there- 
 after, continued to obstruct operations. The lessees, 
 however, with commendable energy, and in the face of 
 difficulties unforeseen, erected their furnaces and other 
 improvements, and finally commenced the manufacture 
 of salt. The low price at which they were compelled to 
 sell, under their contract with the State, drew many pur. 
 chasers to their works, and this number proving t(> he 
 far beyond their rfhility to supply, and, (situated as their 
 works were, in a remote and isolated locality,) becoming 
 an absolute hindrance in their wa}^ I proposed to make 
 to them an additional advance of four thousand dolhirs, 
 as authorized by the law, on condition that they should 
 make, after the first day of April last, one hundred 
 bushels of salt per day, and allow the State to purchase 
 all the surplus salt, after filling prior contracts and pay- 
 ing for provisions and other incidental expenses, which 
 
10 
 
 proposition they accepted. The salt thus secured, at the 
 low price of one dollar and twentj-five cents per bushel 
 of fifty pounds, at the W(n'ks, has been reserved for sale 
 to County Commissioners only, at cost and charges, to 
 be by them distributed, gratuitously, in their several 
 counties, to the indigent families of volunteers in the 
 Confederate Army. Agents have been appointed at 
 Mobile, Demopolis, Tuscaloosa, Selma, Talladega, Mont- 
 gomery and Eufaula, and instructions given for the 
 receipt and prompt delivery of the salt to the counties 
 convenient to their localities, lists of which have been 
 furnished to the agents respectively. ISTot one bushel of 
 this salt received from Figh & Co. has been sold by any 
 agent of the State, except upon an order from County 
 Commissioners, for distribution as herein directed. Such 
 a disposition of it was deemed most appropriate, because 
 the quantity to be realized was wholly iusufiicient for a 
 general supply, and because the indigent families of 
 volunteers in the army were sustained by a common tax 
 upon the State, and should be, certainly, provided for, 
 while their protectors were tar away, fighting the battles 
 of our country. 
 
 Copies of the contracts made with Figh k Co., and of 
 their bonds, executed under the provisions of the law, 
 are herewith submitted. 
 
 Seeing that the yield of Figh. & Co. would be so inade- 
 quate to the demand, and not being able to find other 
 parties who would accept leases upon the terms embraced 
 in the act, I determined to establish works upon State 
 account. To accomplish this object, I appointed A. Gr. 
 McGehee, of Lowndes county, Salt Commissioner, who, 
 after visiting the works in Virginia to obtain needful in- 
 formation in the premises, repaired to the salt region of 
 the State, and commenced, by boring and experimental 
 
11 
 
 observations, to test the capacity of the region for a 
 supply of water. Although the results attained were not 
 fully satisfactory, he was directed to proceed, at once, to 
 contract for the erection of furnaces, buildings, and the 
 necessary machinery, to hire laborers, and to purchase 
 wagons and teams, and provision-stuffs, for an energetic 
 prosecution of the enterprize. Innumerable obstacles 
 had to be met and overcome at every step, There was a 
 scarcity of every material required, and extravagant 
 charges were demanded. Transportation at times was im- 
 possible to obtain, and, on account of the reputed sickli- 
 ness of the locality, the owners of slaves were reluctant 
 to hire them at the works, even with the promise of salt 
 in return for their labor. But amid all the difhcnlties by 
 which he was surrounded, the Commissioner has finally 
 succeeded in establishing works which promise a yield 
 of several hundred bushels per day. They are located 
 alcove overflow from the river, on the upper reservurion, 
 and, it is to be hoped, may be successfully conducted 
 throughout the year. The result thus attained jnstities 
 further improvements, and the C(^fnraissioner is dir- cted 
 to construct them with all possible'dispatch. The amount 
 of compensation to be allowed him for his valuahk' ser- 
 vices, and the extent of authority as to further opera- 
 tions, are submitted for your determination. 
 
 Besides the two State reservations, there arc many 
 furnaces erected upon lands belonging to citizens, where 
 salt is being successfully made. The daily aggregate pro- 
 duction at all the works in the two counties of Clarke 
 and Washington, is reported at over two thousand 
 bushels. 
 
 The State reservations w^ere thrown open to all the 
 citizens of the State by circular letter from the Executive, 
 dated on the thirtieth day of June, last, and they were 
 
12 
 
 invited and urged to go and make salt for their own 
 family consumption. Many have already done so, and 
 many others are now engaged in the business. All were 
 interdicted from selling the salt thus made, without 
 making a contract of lease with the State, but there is 
 good reason to believe that parties have, in some instances, 
 clandestinely violated this injunction. 
 
 The object of the State not being to speculate upon 
 itself, but to furnish salt at actual cost to consumers, the 
 Commissioner is directed to fix the price accordingly. 
 This cannot be done correctly, until all the expenses of 
 continued operations are ascertained, but it is believed 
 that the salt cannot be delivered at the works for less 
 than two dollars per bushel of fifty pounds. If this be. so, 
 I recommend such a modification by the General Assem- 
 bly, of the price fixed by the lease of Figh & Co., as will 
 enable them to realize a reasonable profit upon their in- 
 vestments, and induce on their part larger expenditures 
 and a greater yield. Parties at private works are reported 
 to be charging from fifteen to twenty dollars per bushel. 
 This, if true, is a criiiiinal extortion, and demands your 
 severest condemnation. 
 
 The sale of salt, within the State, with a view to ship- 
 ment beyond its limits, w^as prohibited by an act of the 
 General Assembly adopted at its last session. This act 
 also prohibited the export of salt, without the consent of 
 the Governor. Ihe provisions of this law, I caused to be 
 notified, by publication at all the salt works on the Tom- 
 bigbee. But citizens of other States were also notified 
 that they would be permitted to manufacture salt, for 
 their own family use, at any of the works — except those 
 on the State reservations — upon such terms as they could 
 obtain, and ship it to their homes beyond the State. 
 Some are availing themselves of this license, and I re 
 
13 
 
 coramend that, to the extent of tlie license t}ni>=' given, 
 thej may be permitted to operate. United as are these 
 Confederate States, in a common destiny, and tTiutually 
 dependent, as they a/e. upon each other, I trust that the 
 General Asseml)ly of Alabama will concur in the expedi- 
 ency and propriety of inviting the citizens of other States 
 to tlie salt supply which they may obtain within our 
 limits, b}^ devoting their own labor and capital to its de- 
 velopment. 
 
 The question of salt suppl}' is one of such vast import- 
 ance, and the necessity of ascertaining full and reliable 
 data upon which to predicate your legislative action, is 
 so urgent, that I earnestly recommend the appointment 
 of a joint Commission, empowered to visit the salt lands 
 of the State, and make all necessary examination as to 
 their capacity for supply of water, and into the kind and 
 extent of improvements erected and needed, as well as 
 into the conduct of parties engaged in the business of 
 salt making on State or private lands. Such an examin- 
 ation will enable you to approximate the cost at which 
 it can be made, and to ascertain the best mode for de- 
 veloping the supply. The price should be made uniform, 
 if possible, and if private parties are unwilling to accept 
 reasonable profits upon their capital and labor thus em- 
 ployed, I recommend, as the true policy, that the State 
 t'ake possession of all the works, with authority to press 
 laborers and everything needed, and operate them, under 
 a regulated system for the common benefit of the people. 
 In such event, just compensation must be provided for 
 the use of individual property, as the Constitution of the 
 State directs. 
 
 Well knowing that the yield from our salt region 
 would fall far short of supplying the immediate demand 
 of the middle and southern portions of the State, and 
 
14 
 
 that its transportation from thence to iTorth Alabama 
 would be attended with delays and waste, I conimunica» 
 ted with the proprietors of the works at Saltvillej in the 
 State of Virginia, and obtained from them a contract for 
 the right to manufacture salt at their wells, from which 
 I hoped to be able to supply iSTorth Alabama. The diffi- 
 culties in the way of establishing and operating works'by 
 the State, induced a transfer of this contract to compa- 
 nies, who have undertaken the delivery of salt at the 
 rate of live hundred bushels per day. The furnaces of 
 one of these companies are completed and are making 
 salt. An Assistant Quartermaster for the State has been 
 appointed, and is now at Saltville to receive and ship the 
 salt to various places of deposit within the State. He is 
 directed to ship in rotation, to Scottsboro, Huntsville, 
 Decatar, Tuscumbia and Gadsden, where agents have 
 been designated for its sale and distribution to the peo- 
 ple at cost and charges. Sacks sufficient for thirty thous- 
 and bushels have been forwarded, and it is to be hoped 
 that shipnaeuts may have already begun, and that they 
 may continue without interruption. Of the limited sup- 
 ply from the works of Figh & Co., and w^hich is being 
 distributed for the benetit of the indigent families of sol- 
 diers, none has been ordered to the counties in Korth 
 Alabama bordering the Tennessee river. The reason for 
 this exception is the fact that those counties will be sup- 
 plied more expeditiously and as cheaply from the works 
 in Virginia. At the works of Figh & Co., the salt costs 
 one dollar and twenty-live cents per bushel of fifty 
 pounds, while at Saltville, Virginia, the same quantity 
 costs one dollar and seventy-five cents; but adding ex- 
 penses of sacking, tratisportation and other charges, 
 and it will be found that the diflference in prices, if any, 
 will be quite inconsiderable. 
 
16 
 
 Copies of the contracts made for supplies from Vir- 
 ginia, and of correspondence relating thereto, are here- 
 with submitted. 
 
 The funds used thus far in the salt operations of the 
 State, have been drawn from the appropriations made fox* 
 the Quartermaster and Commissary Departments, by the 
 act of 5th February, 1861. I recommend that a special 
 appropriation be made for the return to those Depart- 
 ments of all monies not refunded from sales of salt, and 
 also, for an amount in addition thereto, which shall be 
 deemed sufficient to meet existing contracts, and all fur- 
 ther expenditures which may be found necessary to se- 
 cure, at the earliest possible da}^ an adequate supply of 
 salt for the people of the State. 
 
 I submit also to the wisdom of the General Assembly, 
 if the interests of the State do not require that the whole 
 business of salt supply shall be committed to the imme- 
 diate direction and control of a Commissioner specially- 
 appointed for that purpose. 
 
 INT)IGENT FAMILIES OF SOLDIERS. 
 
 It will become your duty to make further provision 
 in behalf of th6 indigent families of soldiers absent in 
 the Confederate armies, or who may have fallen in 
 battle, or died in the service, or who have been so disa- 
 bled as to disqualify them for labor and the support of 
 their families. By the reports made to the State Comp- 
 troller, and the disbursements founded thereon, under 
 the directions of the act passed at your last session, it 
 will be seen that the special tax of twenty-five per cent, 
 upon the State tax, levied for this purpose, fell far below 
 the necessities of the case. The provisions of this act 
 limited the distribution of the fund to families of volun- - 
 teers- The conscript act which was passed by the Con- 
 federate Congress several months after your adjournment 
 
16 
 
 was not then anticipated. Since jouir adjournment not 
 less than thirty thousand troops have enlisted as volun- 
 teers from Alabama in the Confederate service, and man j 
 thousands now, are being gathered into companies and 
 distributed into the various organizations from the State, 
 uuder the terms of the conscript act. No invidious dis- 
 tinction should be made between the troops who have 
 thus volunteered and those who have been enrolled as 
 conscripts. History can not furnish an example of an}^ 
 people who have responded with greater alacrity to the 
 call of their country, or evinced a more lofty courage, or 
 endured privations and hardships with more uncomplain- 
 ing and heroic fortitude, than have the people of Ala- 
 bama and her sister Confederate States. The far greater 
 number of those who are now reinforcing the army as 
 conscripts, and who will hereafter enter it under the 
 amended act of the recent session of Congress, could 
 not conveniently, and in justice to others dependent up- 
 on them, have enlisted at an earlier day. A large pro- 
 portion of them have families whose only means of sup- 
 port was their own honest toil. Yielding a cheerful obe- 
 dience to the call of their country, they go to join the 
 ranks of the gallant volunteers who have preceded them 
 to the field, and, side by side with them, to peril their 
 lives and all they have and are in the defense of their 
 bleeding country. Their wives and little ones are be- 
 queathed to our watchful care and protection. The Gen- 
 eral Assembly, I am sure, will see to it that their just 
 expectations are not disappointed, and that the needy 
 families of all Alabamians who are baring their breasts 
 to the guns of the enemy, are gathered to the bosom 
 and sustained by the benefactions of the State. 
 
 The plan adopted for securing a registration of indi- 
 ojent families, for ascertaining their necessary wants, and 
 
17 
 
 for apportionment and distribution of the fund for their 
 relief, has occasioned complaint, and may require amend- 
 ment so as to approximate greater accuracy, uniformity 
 and equity in its administration. I recommend that a 
 liberal appropriation for their support be made without 
 delay, and that authority be given to raise the amount, 
 as it may be needed, by the use of the State Credit, or 
 increased taxation, as you may deem most advisable. 
 
 DISTILLERIES AND RETAILING OF SPIRITS. 
 
 On the 17th day of March last, I issued a military or- 
 der prohibiting the distillation of spirits, and also, its 
 sale within ten miles of any encampment of State or 
 Confederate troops within the limits ot Alabama. Ow- 
 ing to the fact that distilleries had been closed in Tenn- 
 essee by legislative enactment, and in Georgia by procla- 
 mation of the Governor, and by the exorbitant profits to 
 be realized here, where they were not interdicted, many 
 were forthwith removed to this State, and in some local- 
 ities parties engaged in the business were buying up the 
 surplus corn at advancing prices, which threatened to 
 place this essential commodity beyond the reach of a 
 large number of dependent families who were without a 
 supply, and whose protectors were in the war. The 
 baneful eflects of intemperance among our troops, who 
 were rapidly collecting in various encampments, in re- 
 sponse to the requisition made by the President for addi- 
 tional forces, were daily seen in the demoralization and 
 wild excesses of a large number, who, for the first time, 
 had thrown off the restraints of peaceful pursuits and 
 devoted themselves to the arts of war. In the absence 
 of all legislative provisions adapted to the exigency of 
 the case, no alternative was left the Executive, but to in- 
 terpose the military power and suppress these gigantic 
 evils. This necessity was much regretted by me, as it 
 
18 
 
 involved the exercise of a power by the Executive, which 
 might occasion controversy, both as to its propriety and 
 its constitutionality. But, after the most anxious con- 
 sideration, I felt impelled by a sense of duty to the State, 
 to issue the order. Instead, however, of exciting com- 
 plaints, the results following its promulgation, showed 
 that it was due to the public expectation. The order was 
 promptly and cheerfully obeyed, with few exceptions ; 
 and even many whose private interests were thus strick- 
 en down, have volunteered their testimony in favor of its 
 necessity. 
 
 As the order closing the distilleries was justified upon 
 the ground of necessity to preserve grain for bread-stuffs, 
 on the 25th day of June it was so far modified, as to per- 
 mit the distillation of fruits. In a few instances, spec- 
 ial authority has been given to distil limited quantities 
 from grain, for medical uses and to fill contracts made 
 with the Confederate authorities for hospital supplies for 
 the army. These orders were based upon affidavits, bind- 
 ing the parties to a faithful observance of their provis- 
 ions. Complaints, however, having reached the Execu- 
 tive office, that, in some instances, the license was being 
 abused, the orders, in these cases, were revoked, and fur- 
 ther orders in favor of applicants for license have been 
 refused. This important subject is now commended to 
 your legislative discretion. If the distilleries are turned 
 loose, without the severest restraints which your wisdom 
 can devise, the large promts to be derived from them, 
 will stimulate the business to such a degree, that the pri- 
 ces of grain of all kinds -will be advanced far beyond 
 their present figures, and in portions of the State, the 
 people will be deprived of a needful supply for their 
 maintenance; 
 
 I recommend that authority be given for distillation 
 
19 
 
 of alcohol or spirits, which may be needed for medical 
 uses within the State, and also, for whatever reasonable 
 amount may be found to be the just proportion of Ala- 
 bama, for a like purpose in the Confederate army. By 
 confining the distilleries to localities where grain is 
 abundant; fixing a reasonable price for the spirits; re- 
 straining by adequate penalties, the parties engaged in 
 the business, and those who may purchase from them for 
 medical supplies, it is believed that this object may be 
 obtained without serious diminution of the supply of 
 grain. And I recommend that the retailing of spiritu- 
 ous liquors in any city, town or neighborhood where 
 State or Confederate troops may be stationed or rendez- 
 voused, be prohibited durin/ their sojourn, and that 
 stringent regulations be adopted to accomplish this re- 
 sult. 
 
 THE CONSCRIPT LAW AND STATE MILITIA. 
 
 By the "Act to further provide for the public defense," 
 passed by the Confederate Congress, on the sixteenth 
 day of April last, all the twelve months volunteers then 
 in tlhe service, over eighteen and under thirty-five years 
 of age, were continued in the army for two years beyond 
 the period of their enlistment, and all male citizens ot 
 the respective States, within the same ages, who had not 
 previously enlisted, were, by the act, declared subject to 
 military duty, for three years, or during the^war, and 
 provisions were contained in it for their enrollment and 
 muster into service. 
 
 The power in Congress to pass this law, I think should 
 be conceded by the States. The several States, as sov- 
 ereignties, had the power to declare war, and to levy 
 armies to wage war. These powers they have delegated, 
 in the Constitution, to the Confederate Congress for the 
 common protection, reserving the right to call out troops 
 
20 
 
 to suppress insurrection or repel invasion. Under this 
 delegation and grant of powers, Congress has declared 
 war against the Lincoln Government, for the common 
 protection, and, in the passage of the Conscript Act, has 
 only used a power which the States, as Sovereignties, 
 unquestionably possessed, to raise armies with which to 
 wage the war. 
 
 But whatever doulDts may have arisen as to the pow- 
 ers of Congress, all agree that the public exigency de- 
 manded the adoption of the most stringent measures to 
 preserve the efficiency and increase the strength of the 
 Army. It was a severe disappointment to thousands of 
 our brave troops, to be retained in service beyond the 
 period when they fondly hoped to return to their loved 
 ones at home; and the willing obedience rendered by 
 them to the hard requirements of Congress, and their 
 continued, unsparing sacrifices in the field, excite the 
 admiration and claim the undying gratitude of their 
 country. 
 
 The third section of the Conscript Law directs the 
 employment of the enrolling officers of the States, wilben- 
 ever they can be obtained, to enroll the persons subject 
 to the operations of the Act. Accordingly, the Superin- 
 tendent and Commandant of the camps in Alabama, 
 applied to the Executive for a detail of the enrolling 
 officers of the State, to perform this work ; but as, by his 
 instructions from the Secretary of War, the compensation 
 to such officers was limited to such allowances as were 
 made by the laws of the State for like services, in enroll- 
 ing the militia of the State, and as the Military Code of 
 Alabama contained no provision for the appointment or 
 detail of enrolling officers, or compensation for' their 
 services, and, as the Secretary of War deemed it incon- 
 sistent with his powers under the Act, to accept any 
 
21 
 
 other plan of enrollment, under State authority, the 
 whole management and control of the enrollment of con- 
 scripts in this State, have been committed, by him, to 
 Confederate officers. 
 
 By the Military Code of the State it is provided that 
 "the militia of the State of Alabama shall consist of 
 each and every free, able-bodied wliite male citizen 
 resident therein, who is or' shall be of the age of eigh- 
 teen years, and under the age of forty -five years." 
 The Conscript Act, of sixteenth of April, calls for all of 
 this class below the age of thirty-five years, and the 
 recent extension of the Act embraces all the remainder 
 above that age. Thus, the whole body of the State 
 militia is absorbed, and we are left with a naked organi- 
 zation merely, and with militia officers without men to 
 command. Emergencies may occur which will require 
 the active service in the field of every man in the State 
 capable of bearing arms. There are a number within 
 the State who have furnished subftitutes in the Confed- 
 erate Army. This does not relieve them from their 
 obligation to render military service to the State. There 
 may be others who have been omitted by the enrolling 
 officers of the Confederate States, or who have evaded 
 the just requirements of that Government. Persons of 
 foreign birth, domiciled within the State, who have been 
 protected by its laws in their persons and property, who 
 have amassed wealth and made investments in real and 
 personal estate, or who have participated in elections 
 for the administration of State and municipal afifairs, are, 
 by the laws of nations, amenable to military service for 
 the local defense. All these may be embraced in the 
 State militia. I therefore submit, that a reorganiza- 
 tion of the militia of the State is indispensable, and I 
 recommend that the Military Code be so amended as 
 
22 
 
 to embrace, as militia, all able-bodied male citizens of 
 the State, above the age of sixteen and under the age of 
 sixty 3^ear8, who may not be actually engaged in the 
 Confederate service. I commend also to your consider- 
 ation, the propriety of encouraging the formation of 
 volunteer companies, both of infantry and cavalry, and 
 such additional legislation as, in your wisdom, may be 
 deemed best calculated to strengthen the military arm of 
 the State. 
 
 In this connection I submit for your cons deration, the 
 necessity for such provision by law as will more effectual- 
 ly secure the property of citizens of the State from capture 
 and use by the enemy, . If, in the accidents of war, our 
 valuable staples shall become exposed to his ruthless 
 grasp, it will be far better to destroy them, rather than 
 suffer them to fall into his hands. The best modes for 
 the attainment of these ends, and also for the protection 
 of the slaves of our citizens in invaded districts against 
 inveiglement or seizure by the enemy, are left for your 
 experience and wisdom to determine. 
 
 We are admonished by the threatening attitude of the 
 enemy, to gather all the resources of the State and de- 
 vote them, without reserve, to the protection and defense 
 of our altars and our homes. ■ I need not remind you of 
 the recent proclamation of Abraham Lincoln, preceded 
 by the actual enforcement of its nefarious purposes by 
 the commanders at New Orleans and Hilton Head, and 
 their other willing co-adjutors. It can inspire no new 
 terror in our people, it can bring no greater detriment 
 upon our cause, than the past aggressions of the enemy 
 have occasioned wherever he has obtained a lodgement. 
 
 Its only effects will be to awaken the slumbering ener- 
 gies of the Border Slave-holding States, to expose to the 
 few remaining classes in bis own dominions, who have a 
 
23 
 
 lingering regard for constitutional rights, and to an im- 
 partial world, the base hypocrisy, the terrible rage and 
 the relentless tyranny with which Abraham Lincoln is 
 urging on the carnival of blood upon these Confederate 
 States of the South. Baffled, delayed, defeated in his 
 mad crusade for their conquest and subjugation, he is 
 vainly preparing one last, terrible, crushing blow for their 
 destruction. Clothed in the panoply of their most right- 
 eous cause, and humbly trusting to that Omnipotent arm 
 which can secure them the victory, they may calmly 
 await the issue with confident hope of an ultimate and 
 glorious deliverance. 
 
 JOHK GILL SHORTER. 
 
Hollinger Corp. 
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