Letter from Robert S. Hudson to Mississippi Governor Charles Clark; June 13, 1864

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Letter from Robert S. Hudson to Mississippi Governor Charles Clark; June 13, 1864

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People

Clark, Charles, 1811-1877 Hudson, Robert S.Smith, William, 1797-1887

Events

Confederate States of America--Draft Crime Crime--Arson Crime--Destruction of property Crime--Murder Crime--Rape and Sexual Assault Crime--Robbery Crime--Theft Criminal Procedure--Arrest Criminal Procedure--Escapes Criminal Procedure--Sentencing Employment--Dismissal of Employees Legislation. Confederate States of America. Congress. Chapter XX (1864)Military Events--Blockade Military Events--Invasions Military Events--Martial law Military Events--Military service exemption Military Events--Recruiting and enlistment

Military Units

Confederate States of America--Military Service (Branch Unspecified)Confederate States of America. Army Confederate States of America. Army. Cavalry United States. Army

Organizations

Confederate States of America--Congress Courts and Judicial Systems Courts and Judicial Systems--Grand jury Mississippi--Legislature

Occupations

Law Enforcement--Prison Guard Legal Profession--Lawyers Tradespeople Virginia. Governor

Places

Mississippi--Adams County. Natchez Mississippi--Attala County Mississippi--Hinds County Mississippi--Holmes County Mississippi--Leake County Mississippi--Leake County. Edinburg Mississippi--Neshoba County Mississippi--Sunflower County Mississippi--Warren County. Vicksburg Mississippi--Washington County Mississippi--Winston County Mississippi--Yazoo County Tennessee Tennessee--Shelby County. Memphis Virginia

Social Identifiers

African Americans African Americans--Enslaved people Immigrants Impoverished people Military Status--Draftees Military Status--Military deserters Military Status--Military families Refugees Spies

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Edenburgh Leake Co. Miss. June 13/64

Gov Chas Clarke.

D^rSir—I have yours of 24 th ult. in answer to my two letters of previous dates; I foresaw the legal and constitution-al questions and difficulties that might arise in adopting the suggestion I made, towit to make all civil county officers charged with the duty of arresting deserters dependant upon the faithful discharge of that duty for their certificate of Exemption from military service, as a condition precedent, In my suggestion I merely regarded the military law of the Confederate States as it stood, which left the ques-tions of official Exemption to the Governors of the several states, This being the case I thought it was in your power to refuse to Exempt any, or to Exempt only those most useful and necessary, or to Exempt all, and in cases of Exemptions to impose such terms and conditions as in your opinion would be for the public goods. The view of the case was taken by Gov. Smith of Va, who refused to certify any Exemption for those civil officers who resided in Counties within the lines of the enemy, and who could do no official act by reason of the presence of the enemy. and hence could by of no service to the State in their official capacity, By the action of our state legislature and the position you occupy, the constitu-

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tional question and power of the Confederate States to put into military Service the Civil officers of a State is raised, and denied, Might it not have been wEll and best to have left this Constitutional &legal question to the Courts, and to be presented by the officer affected by the Courts,and to presented revoK of your certificate of Exemption in favor of all County officers, then such officers could raise the question before the courts as to the power of the general government to conscribe and place them in service, What the Courts would decide I am unable and it would probably be improper for me to say. You have however certainly the power to put these officers upon the alternative of going into the army or raising their Constitution-al right to Exemption before the Courts and obtain their Exemp-tion in that way. and whether you will impose terms and conditions precedent to their Exemptions, where you choose to Ex-empt is certainly a matter of descretion with you—A civil of-ficer who voluntarily neglects or refuses to discharge his official duties may wEll and ought to be dismissed from the public service—and unless judicial opinion retained them, if Gov-ernor, I would not, In this way the Confederate law would rid the state of official nuisances, when the state could not, but you say that no law empowers you to summon and hear witnesses and testimony on this subject. I would

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respectfully suggest that you could impose upon these of-ficers as one of the terms of Exemption the burden necessity of pla cing before you such proof as would satisfy your mind that ^they^ were in the discharge of their duty, Require reports from them quarterly and ~~juss~~proof of their truth and correctness, and maKe the continuation of their Exemption so far as your certificate was concerned, dependant upon such prompt report and proof, Require their reports to show how many deserters there are in their Counties, beats or districts, how many &who they have arrested and what efforts they have made in the premises, Your proposition to organize the civil officers into military ser-vice or companies, may be as objectionable as the law of Con-gress on that subject for while Congress may have no power to destroy a state government by ~~put~~placing her officers into military service, neither has the state the right legally to commit suicide by the same act, for the one would dissolve or disorganize the state gov-crument as much as the other—if the companies were required to do actual military service, even in the state. The only difference is as to the power and authority under which they serve. so far as it relates to the preservation of the state government, the duties re-quired of Confederate States of defending and protecting itself and in the same acts, the States, against invasion by a foreign for gives is the power to raise armies from the states, anit

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that power seems not by the Constitution or adjudications to be limited as to the Extent or persons subject to form said armies for such purposes. Indeed it is certainly true that every able bodies person owes military service to the government, when called for, to defend it against invasion, No person, officer or individual is by the Constitution Exempt from such duty &ser-vice, Where then are we to looK for such Exemptions, Except in the laws and to the powers of the generally government? It is alledged that Exemptions of civil officers Exist from necessity and to prevent the distruction of the State governments, but it may be alledged that it would only amount to a temporary suspension, and their service in the army might be the very means of preven-ting a complete and final destruction of the State government, What good to the state government of Tennessee, does the Exemption of her civil officers do? It simply constituted an army of salaried idlers and refugees, who are not turning a wheel for their State or the Confederacy, but are subsisting upon the credit of their state and by specula-tion. If it is the duty of civil officers to defend their own state against is for invading that state, is it not their duty to defend it when sought to be invaded through other states? The point of attacK can maKe no difference in duty or liability, the army in Va is defending Miss, as well as Va, If civil officers of a state being in the military service of the Confederate states, destroys that State government, then their being driven from

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their state by the foE, is an utter destruction of the state government, as in the case of Tennessee, It might in either case simply be regarded as a suspension from necissity, and ^Especially^ in case of their being in the army, for the common &public good, There would be no actual interregnum causes by Their being in the army, but a mere suspension, The offices would not be vacant, but simply in the condition of those offices in the states from which the officers have been Expelled by the for, but to be resumed whenever the fortunes of war would justify it I did not intend however any opinion upon this subject, and really have no matured and satisfactory opinion, I merely intended to say that it was in your power to revoKe your certificate of Exemption in favor of all civil officers, and leave them to the mercy of the Confederate Government and the Courts, and whether the Courts would Exempt them, was a matter of some doubt, I further intended to say that it would be right and proper to revoKe the certificate of Exemption in all cases where the civil officers voluntarily refuse or neglect to Execute the law in question, after due notise that revocation would ensue as a penalty for failure to Execute that law. There are at least 2500 civil officers in this state and 2000 of that number would otherwise be liable to military service, yet not one deserter is being arrested by them so far. as I Know, am informed or believe. I think your proclamation on this

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subject would do great good, You may rest assured that I shall do all in my power to arouse the grand juries and public sentiment on this subject, My District Attor-ney is a very good and amiable man, but unfortunately is a very timid, weaK and insufficient officer, He is a very poor lawyer in and out of the Court some.

One other practice is greatly demoralizing our people and is indulged in by the would-be "stars of society"—It is the morning of the blockade and trading with the yanKees at Natches, Vicksburg, Memphis &other points. Our women are the chief instruments and agents in this business, Your position enables you to Exert a very great influence upon the military men commanding this department on that subject. Very many carry on this trafic without any mo-lestation beyond a small present to our picKets or scouts, while some have been arrested &put under guard for a few days as their only punishment. If they were properly punished They would stop it, and not otherwise. It is corrupt-ing our people, encouraging and supporting the enemy, and dis contenting those who have not the will or ability to indulge in such things. The idea of any of people trading with the YanKees, while they are waging this unholy war, slaying our best & dearest flesh &blood, destroying our property,

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burning our homes, violating the persons of our women, setting our negrors up in arms, and instigating them to the perpetration of the foulest and most heinous crimes Known to God or man, is at once disgraceful and unpar-donable, I have been surprised &shocKed to find in any men &women of the highest respectability and [servants?] and who have heretofore been (in language) the most violent secesh, now engaged in this thing. If our people have not sufficient respect for the laws prohibiting such trade, for our true interest &policy, and for themselves to abstain from this thing, they should be made to do so by the severest penalties, and their rigid and prompt infliction upon male and female—There is no necessity fo such trade, unless it is a necessity begotten by themselves through prodigality and laziness, I am now, hewerforth and forever in favor of nonintercourse with that people, unless they repent of their sins and maKe reparation,

Very many of our deserting soldiers, have moved into the declared lines of the enemy, in Hinds, Yazoo, Holmes, Sunflower, Washington &many other Counties from Leake, Neshoba, Winston, Attala &other Counties, in order to Escape services and to steal and plunder, I Know of at least fifty-such families in twenty miles of me—and yet not one of

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them have been arrested in their passage through our lines and settlement among our cavalry. All I Know are deser-ters and worse than deserters, have gone there to evade service, steal, and fellowship with the yanKees. This tide is still rotting on, swElling and enlarging, and unless arrested by our people must prove very injurious. If a few of them were caught and duly punished in their new homes or on the way the emigration would cease, and desertions from our army become less frequent,

I have entire confidence in your will and ability to manage the affairs to which you are assigned judicionily; if you can only meet with or com-mand the co-operation of the military and civil anthor-ities. and hoping that you will be able to do so I am

Verytruly

Ro S Hudson