Letter from E. S. Fisher to Mississippi Governor Charles Clark; February 14, 1865

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Letter from E. S. Fisher to Mississippi Governor Charles Clark; February 14, 1865

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Clark, Charles, 1811-1877 Davis, Jefferson, 1808-1889 Fisher, E. S.Pemberton, John C. (John Clifford), 1814-1881

Events

Crime Crime--Arson Crime--Destruction of property Finances Finances--Bankruptcy Finances--Debt relief Legislation. Confederate States of America. Congress Legislation. Confederate States of America. Congress. Number 67 (1865)Military Engagements Military Engagements--Vicksburg, Siege of, Miss., 1863 Military Events--Military occupation Secession. American Civil War Taxation

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United States. Army

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Confederate States of America--Congress Confederate States of America--Treasury Department Mississippi--Legislature Post offices

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Railroads and Railroad Companies

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Mississippi--Unidentified County. Long Creek Station Mississippi--Warren County. Vicksburg Tennessee--Shelby County. Memphis

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Long Creek Feby. 14^th 1865.

His Excellency, Charles Clark.

Dear Sir—

I submit for your consideration certain questions—which if you deem of sufficient importance, it might be well to submit them to the legislature—A rumor has obtained circulation here in the absence of mail facilities, that Congress have passed a law auth-orising the Government to seize all the cotton and tobaco in the Confederacy. Such a law ~~would be~~ ^is^ flagrantly unconstitutional—

In the first place private property cannot be taken for public use without just compensation—which means compensation in money according to the market value—Congress have time and again refused to make Confederate notes a legal tender (or in other words money) because the Constitution limits their power to coining money, which they say must be made out of metals—Now suppose they seize a man's property and offer to pay him in Confederate notes—do they not offer to compensate in something which is not only not money, but which they declare cannot be made money under any power of the Government?

Second—I insist that the Government cannot take private property merely as the means of raising revenue. It may perhaps subject it to sale or forfeiture to pay taxes in arrears, and in this way make it subservient to revenue purposes—but in no other—The Government must be supported in the manner pointed out in the Constitution, by Taxes, Tariffs and imports—and not by seizing private property and selling it for revenue purposes—Instead of such property bringing revenue into the Treasury, the Constitution clearly contem-plates that revenue, shall go out of the Treasury to pay for it—

The condition of the country is such that the Government should be held down

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to the strict rules on this subject. In Dec. 1862 Genl. Pemberton ordered all cotton in this section—except near the Rail Roads to be burned—In remote places cotton was destroyed when there was not an enemy in fifty miles—and even if he had been present, he could not have taken it away. But from some cause, unknown to the community, the cotton on and near the Rail Roads was not disturbed—The burners were kind enough to spare a little for clothing purposes of families—Early in August 1863, after ^the^ fall of Vicksburg, the General commanding in this district "made a clean success" of all the cotton—Twice it was contemplated to give this country up to the enemy—and twice it was accordingly desolated—Now the situation of the country is this—The honest portion who have obeyed the laws of the Government—adhered rigidly to its policy—and the laws of Nations, not to trade with the enemy are in a manner destitute of goods—and will require the small lots of cotton which they have to purchase, when the trade be ^is^ authorised, articles of prime necessity—Perhaps some would like to avail themselves of the hard terms of the Government in order to supply themselves with a few goods, medicines, books &c—These terms, I learn, are these—if a man will find a purchaser of cotton at 30 cents performed in gold or sterling Exchange, the Government will allow him 20 cents for his cotton—the Government taking 10 cents per pound—and will give him a pass to take ^it^ where he pleases—and will be polite enough to ask him no ques-tions—whether he takes ^it^ to Memphis or other place occupied by the enemy—If a man however even travels on a road leading in the direction of Memphis, though he may intend to sell to a citizen in Mississippi, ^50 miles^ this side of Memphis, his cotton is confiscated unless he can produce a pass from this Government official—Now I do not know exactly what the act of Congress is on this subject—But I think I know what it cannot be—and that is—that while Congress may regulate commerce among the states, it cannot regulate it

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within the limits of a state—They cannot prescribe the terms upon which you and I, citizens of the same state, shall deal with each other—or interdict our transit with our commerce over the roads of the state—or legislate upon the rules of evidence, so as to create legal presumptions as to illegal intents—where they had no jurisdiction over the primary subject—If they can legislate upon the rules of evidence at all, which I doubt, it is only in those cases where they have jurisdiction over the subject matter to which the evidence must apply—If they can legislate, at all, over the subject of roads in a state, it must be to declare them military and Post roads—and against obstructing them as such—and hence their rules of evidence must be confined to the original or primary subject—As the ^law^ now stands, at least it is the action of Government officials, if a wagon is found on a road leading to Memphis, though 100 miles from that place, it is seized if loaded with cotton—and the whole, wagon, team and cotton confiscated—If the old Government had only gone this far five years ago what an unanimity there would have been in favor of secession—I do not object to the unconditional prohibiton of trade with the enemy—but I insist that in legislating to prohibit this trade, the rights of the citizen under state authority cannot be interferred with—

Again—I have never seen any act of Congress allowing even the Government to trade with the enemy—or to give permits for individuals to do so—The act prohibits persons from sending cotton to beyond the Confederate states without the consent of the President—This gives him no authority to consent that cotton may be taken to the enemy—for the reason—that such trade is prohibited by the laws of nations and Congress alone can modify these laws—Hence the ten cents per pound enacted by the officer for giving a pass, is money which he can put into his pocket, if so disposed—as there is no act of Congress appropriating it to the Government. It

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may be that I am mistaken as to the provisions of the acts of Congress on this subject—and if so the argument of course falls—But in no event must it be understood that I intend to intimate any thing unfavorable to the officer enga-ged in this business—His integrity and motives are not doubted—My object, if right as to the action of Congress, is to show the improper trafic by the Government in cotton—and that the state ought to do something to protect her own citizens—and that is to hold the Government down to constitutional action in all cases—not by mere resolutions—but by a stern and unyielding determination to tolerate no aggression—and no violation of the constitution, tending to oppress her citizens—

In view of the future—I think the legislature ought to propose certain amendments to the Confederate constitution—More than half of the debtor population are bound if the war continues to become bankrupts—Under the constitution no bankrupt law can release a debtor from debts created before its passage—the amendment desired—should make the law retroactive—and discharge debts without regard to the time when created—The constitution should authorise either the states or the Confederate Government to make paper money—that is make whatever the Government forces a man to take from it, a legal tender—As matters now stand the Government can force a man to give up his property for paper which is worthless in his pocket, or he cannot force his creditor to receive from him—The Government should force nothing upon a man, as money which he in turn could not force upon his creditor—such provisions can be inserted to exist only during war, and one year thereafter—The constitution can be amended so as to give this power either to the states or to the Confederate Government—One or the other should possess it—

Very truly
Your friend

E. S. Fisher