Letter from Mississippi Governor Charles Clark to W. C. Watson; December 21, 1863

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Letter from Mississippi Governor Charles Clark to W. C. Watson; December 21, 1863

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People

Benjamin, J. P. (Judah Philip), 1811-1884 Brown, Albert Gallatin, 1813-1880 Chalmers, James R. (James Ronald), 1831-1898 Clark, Charles, 1811-1877 Davis, Jefferson, 1808-1889 Johnston, Joseph E. (Joseph Eggleston), 1807-1891 Pemberton, John C. (John Clifford), 1814-1881 Pettus, John Jones, 1813-1867 Pillow, Gideon Johnson, 1806-1878 Watson, J. W. C.

Events

African Americans--Enslaved people. Contraband of war Confederate States of America--Draft Crime Crime--Arson Crime--Contempt of Court Criminal Procedure--Arrest Criminal Procedure--Release Criminal Procedure--Writ of Habeas Corpus Expulsion Legislation. Confederate States of America. Congress. Impressment Law (1863)Legislation. Mississippi. Chapter XXXVI (1863)Military Engagements Military Engagements--Vicksburg, Siege of, Miss., 1863 Military Events--Impressment Military Events--Impressment. Enslaved people Military Events--Military service exemption Military Events--Recruiting and enlistment

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Confederate States of America. Army Confederate States of America. Irregulars Mississippi. Militia United States. Army

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Boards of Medicine Confederate States of America--Congress Confederate States of America--War Department. Commissary Department Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Courts-martial and courts of inquiry Diplomatic and consular service--Belgium France--Conseil royal des finances et du commerce Mississippi--Executive Department Mississippi--Judiciary Mississippi--Legislature Mississippi--Military Department. Quartermaster Department Mississippi--Office of the Attorney General Mississippi. Supreme Court

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Commercial agents Confederate States of America. President Legal Profession--Judges Legislators Medical Profession--Surgeons Military Role--Conscript officers Military Role--Impressing Agents

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Arkansas Belgium Bodies of Water--Interstate. Mississippi River Europe France Louisiana Louisiana--Orleans Parish. New Orleans Military Forts Military training camps Mississippi--Noxubee County. Macon Mississippi--Warren County. Vicksburg Tennessee Tennessee--Shelby County. Memphis Virginia--Independent City. Richmond

Social Identifiers

African Americans African Americans--Enslaved people Immigrants Military Status--Draft resisters Military Status--Draftees People with disabilities

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[seal]

Executive Chamber
Macon Miss, Dec 21^st 1863.

Hon. J. W. C. Watson,

Dear Sir, As you visit Rich-mond at my request, as the agent of the State, & write to call again, by way of ~~[?]~~^memoranda^ your at-tention to several matters which I have mention-ed to you in conversation.

Cotton Cards.

The Legislature has placed at my disposal $100,-000, to procure cotton and wool cards, to sup-ply the wants of the people. They cannot be procured in the Confederate States, and I cannot obtain them elsewhere except with cotton. I de-sire to send 1500 or 2000 bales of cotton through the lines for that purpose. I have propositions to procure the cards from Memphis & New Orleans, and ~~from~~^in^ the latter city I ~~have~~ the guarrantee of ^the^ French and Belgian Consuls that the cotton will be sent to Europe only. I also desire to send other cotton for the purchase of clothing and other supplies for the State Troops and sol-diers of Mississippi, and such articles as are needed by the State.

State Troops.

By Law I am authorised to ~~levy~~^raise^ such State troops as I may deem necessary. I propose that they shall act in conjunction with the

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Confederate States Forces in the field, but are not to be removed from the State without my permission for a longer period than thirty days. A Sepa-rate State force will also be raised—say 2000 or 3000—to be always ~~subject~~ to my ~~calls~~,^under my orders^ for the defense of such portions of the State, as may not be covered by the C. S. Army. I desire to know how many troops of this discription, will be paid, clothed and fed by the Confederacy , in all respects as Confederate soldiers, while under the command of C.S's Officrs in the field. The State is to pay the bounty of $50, and in the case of Cav-alry is to mount the troops. Also ascertain what arms will be furnisthed to the State troops by the Confederate States. I am informed by Ex Gov. Pet-tus and the Quartermaster General of Mississippi that a large amount of arms, camp and garrison equipage &c is due the State from the Confederate States. As the am^cc^ounts cannot be ~~accurately~~ ~~es-timated~~^speedily adjusted^ will the Confedrate States, furnish arms and munitions, for—say 6000 or 8000 State Troops as above described. There are a great many men in the State ^in the counties^ on and near the ~~bord~~^border^ liable to con-scription, who cannot be arrested by the Confed-erate States' troops. If the President will permit me to do so I will enlist them in the State for-ces for two years or send them to Conscript Camps. If the whole State was opened to this proposition I believe it would send more men

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to the Army of the Confederacy, than can be obtained by Conscription. I do not believe that the C. Ss' troops, now engaged in hunting conscripts, will ever obtain as many as I could ^send^ for my troops would know them, and being interested in filling their own ranks, would compel them to volunteer in the State Troops, or arrest them. I desire at least that this privilege shall be granted in the counties on the North, South & West borders of the State, and in those contiguous to these border counties. The most rigid discipline shall be enforced, and the troops kept in the field. On the Mississippi River and especially in the Swamp counties of the State. The State Troops, knowing the country, can be made very effective for defense, and in annoying the commerce of the enemy.

Aliens

I desire you to bring to the notice of the President our lately enacted statute requiring aliens to leave the State or join the C. S. Army. I do not see that any complications can arise from its en-forcement but I desire to do nothing that will in any way embarrass the Government. The law attaches no penalty to disobedence, and the aliens need not be sent ~~out~~ of ~~the~~ ~~State~~, if not desired for the Army.

Civil & Military Power

Gen Pillow complains of Judge Watts and another

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Circuit Court Judge for granting writs of Habeas Corpus, and returning under these writs, persons arrested as Conscripts. He contends that the State Judici-ciary has no such power, and that in the case of persons claiming exemptions on the ground of personal disability, the decision of the C. S Exam-ining Surgeons and Medical Boards, is final and conclusive, and can not be be readjudicated by a State Court or Judge. This I consider amounts to a virtual suspension of the writ, and if the Judge decides against this construction, or in any ~~any~~^case^ releases the party, and the party is there detained in contempt of his decision it will lead to a conflict of author-ities. I have, however, referred this matter to the Attorney General for his opinion. I mention it here as a proper subject for conversation and conference with the Sec,y of War, who, I am informed, is of the opinion that the State Courts cannot release on a writ of Habeas Corpus, any one arrested as a con-Script. I am earnestly desirous to the full extent of my power, to sustain the Officers of the Confeder-ate States Government and to stringthin the hands of the President.

I have no complaint to make of Brig Genl Pillow, and esteem him highly as an officer and gentleman. He is doubtless administering his Dep't with zeal and ability, but you are aware of the many complaints made of

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the conduct of the troops engaged in this service, and in impressments. All that are made to me I refer to the General Commanding this Military Deparment, and have assurance that they will be properly investigated, but in many cases it is dif-ficult to arrest or identify the parties quilty of violence and crime, who, in armed bands, per-ambulate the country, under authority from Con-script or impressing officers, and often doubtless without such authority. I enclose a few letters as samples of those I receive daily. Amongst them you will find a corrspondence with Genl John-ston in regard to "property confiscated," and a copy of a telegram from the Secy of War, sanc-tioning it. I do not object to burning cotton going to the enemy or within the enemy's lines, but by what authority is confiscation of horses ~~and~~ wagons and other property added to the penalty of the Statute, and enforced against citizens by a military ex-parte tribunal? In one case you will see that the civil remedy has been denied, and, by order of Genl Chalmers, civil processs ann-ulled. I need not inform you of the demoralizing effects of these things upon our people, or as the other and ~~necessary~~^numerous^ evils attending the enforcement of thiese laws. Conscription an Impressment are necessary, but unless a wise policy is pursued

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they will become odious. The act of the last Legislature in regard to illegal impressments (which I signed with reluctance) should be brought to the attention of the Secy of War, that he may consider the propriety of giving such orders as will require impressing of-ficers to comply with the requisitions of the 4^th Section of that Act.

You will please to pro-cure for me copies of all the acts of Congress to the present time, and of all orders of the depart-ments in relation to the shipments of cotton, and trading with the enemy. Also copies of all the printed general orders of the War WDepartment.

Slaves Impressed at Vicksburg ~~Pre~~-~~vious~~ to ~~the~~ ~~fall~~ of ~~Vicksburg~~.—

Previous to the fall of Vicksburg [gap] A^[a]^ number of slaves were impressed by order of Gov Pet-tus, as he informs me, on requisition of Gen'l Pemberton to work on the fortifications there. The General agreeing that the slaves should be paid for and the Confederation Government be re-sponsible for them as the State is responsible under the Statute. Compensation has not been made for the services of many of them. The parties can produce evidence of the impress-ment by order of Gov Pettus. Some of the slaves were captured by the enemy. The State is responsible for their value. Several claims

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—are now pending. I ask that an officer of the C. S. be authorised to take proof of these claims and pay them, or that the commanding General of this Dep't be authorised to investi-gate the matter and give the necessary orders.

Supplies

Since this mem was begun I have had very ad-vantageous offers from fully responsible parties to procure all supplies of clothing &c needed by the State, for cotton with privilege of sending it to New Orleans or Memphis. Make all inquiry you conveniently can, as to the possibility also of obtaining them elsewhere. The plan by Memphis and New Orleans is the most feasible and the cheapest, and I can see no reason why it should not be made available.

I enclose you also a paper endorsed "Agreement of purchase of Cotton of the Belgian Consul". Please see General A. G. ~~Brown~~^Brown^ on this subject. I see no objection that can be made to such assales. The agents propose to pay in coin.

Very Respectfully
Your Obt Servant

Hon. J. W. C. Watson.

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Copy of Memo-randa sent to Hon J W. C Watson, Dec 22^nd 1863.