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Historical Document

Historical Document

To the Senate and House of Representatives of the Confederate States of America:

It is with satisfaction that I welcome your presence at an earlier day than that usual for your session, and with confidence that I invoke the aid of your counsel at a time of such public exigency. The campaign which was commenced almost simultaneously with your session in May last, and which was still in progress at your adjournment in the minute of June, has not yet readied its close. It has been prosecuted on a scale and with an energy heretofore unequalled. When we revert to the condition of our country at the inception of the operations of the present year, to the magnitude of the preparations made by the enemy, the number of his forces, the accumulation, his warlike supplies, and the prodigality with which his vast resources have been lavished in the attempt to render success assured; when we contrast the numbers and means at our disposal for resistance, and when we contemplate the results of a struggle apparently so unequal, we cannot fail, while tendering the full need of deserved praise to our Generals and soldiers, to perceive that a Power higher than man has willed our deliverance, and gratefully to recognize the protection of a kind Providence in enabling us successfully to withstand the utmost efforts of the enemy for our subjugation.

At the beginning of the year, the State of Texas was partially in possession of the enemy, and large portions of Louisiana and Arkansas lay apparently defenceless. Of the Federal soldiers who invaded Texes, none are known to remain except as prisoners of war. In Northwestern Louisiana, a large and well appointed army, aided by a powerful fleet, was repeatedly defeated, and deemed itself fortunate in finally escaping with a loss of one-third of its numbers, a large part of its military trains, and many transports and gunboats. The enemy’s occupation of that State is reduced to the narrow district commanded by the guns of his fleet. Arkansas has been recovered, with the exception of a few fortified ports, while our forces have penetrated into Central Missouri, affording to our oppressed brethren in that state an opportunity -- of which many have availed themselves -- of striking for liberation from the tyranny to which they have been subjected.

On the east of the Mississippi, in spite of some reverses, we have much cause for gratulation.[sic] The enemy hoped to effect, curing the present year, by concentration of forces, the conquest which he had previously failed to accomplish by more extended operations. Compelled, therefore, to withdraw or seriously to weaken the strength or the armies of occupation at different points, he has afforded us an opportunity of recovering possession of extensive districts of our territory. Nearly the whole of Northern and Western Mississippi, of Northern Alabama, and of Western Tennessee, are again in our possession and all attempts to penetrate from the coast line into the interior of the Atlantic and Gulf States, have been baffled. On the entire ocean and gulf coast of the Confederacy, the whole success of the enemy, with the enormous naval resources at his command, has been limited to the capture of the outer defences of Mobile Bay.

If we now turn to the results accomplished by the two great armies, so confidently relied on by the invaders as sufficient to secure the subversion of our Government and the subjection of our people to foreign domination, we have still greater cause for gratitude to Divine power. In Southwestern Virginia, successive armies which threatened the capture of Lynchburg and Saltville have been routed and driven out of the country, and a portion of Eastern Tennessee reconquered by our troops. In Northern Virginia; extensive districts formerly occupied by the enemy are now free from their presence. In the Lower Valley, their General, rendered desperate by his inability to maintain a hostile occupation, has resorted to the infamous expedient of converting a fruitful land into a desert, by burning its mills, granaries and homesteads, and destroying the food, standing crops, live stock and agricultural implements of peaceful non combatants. The main army, after a series of defeats in which its losseshave been enormous; after attempts by raiding parties to break up our railroad communications, which have resulted in the destruction of a large part of the cavalry engaged in the work; after constant repulse of repeated assaults on our defensive lines, is, with the aid of heavy reinforcements, but with, it is hoped, waning prospect of further progress in the design, still engaged in an effort, commenced more than four months ago, to capture the town of Petersburgh.

The army of Gen. SHERMAN, although succeeding at the end of the Summer in obtaining possession of Atlanta, has been unable to secure any ultimate advantage from this success. The same General who, in February last, marched a large army from Vicksburgh to Meridian with no other result than being forced to march back again, was able, by the aid of greatly increased numbers, and after much delay, to force a passage from Chattanooga to Atlanta, only to be for the second time compelled to withdraw on the line of his advance, without obtaining control of a single mile of territory beyond the narrow track of his march, and without gaining aught beyond the precarious possession of a few fortified points, in which he is compelled to maintain heavy garrisons, and which are menaced with recapture.

The lessons afforded by the history of this war are fraught with instruction and encouragement. Repeatedly during the war have formidable expeditions been directed by the enemy against points ignorantly supposed to be of vital importance to the Confederacy. Some of these expeditions have, at immense cost, been successful; but in no instance have the promised fruits been reaped. Again, in the present campaign, was the delusion fondly cherished that the capture of Atlanta and Richmond would, if effected, end the war, by the overthrow of our Government and the submission of our people. We can now judge by experience how unimportant is the influence of the former event upon our capacity for defence, upon the courage and spirit of the people, and the stability of the Government. We may, in like manner, judge that if the campaign against Richmond had resulted in success, instead of failure, if the valor of the army under the leadership of its accomplished commander, had resisted in vain the overwhelming masses which were, on the contrary, decisively repulsed; if we had been compelled to evacuate Richmond as well as Atlanta, the Confederacy would have remained as erect and defiant as ever. Nothing could have been changed in the purpose of its Government, in the indomitable valor of its troops, or in the unquenchable spirit of its people. The baffled and disappointed foe would in vain have scanned the reports of your proceedings, at some new legislative seat, for any indication that progress had been made in his gigantic task of conquering a free people. The truth so patent to us must ere long be forced upon the reluctant Northern mind. There are no vital points on the preservation of which the continued existence of the Confederacy depends. There is no military success of the enemy watch can accomplish its destruction. Not the fall of Richmond, nor Wilmington, nor Charleston, nor Savannah, nor Mobile, nor of all combined, can save the enemy from the constant and exhaustive drain of blood and treasure which must continue until he shall discover that no peace is attainable unless based on the recognition of our indefeasible rights.

Before leaving this subject, it is gratifying to assure you that the military supplies essentially requisite for military defence will be found, as heretofore, adequate to our needs; and that abundant crops have rewarded the labor of the farmer, and rendered abortive the inhuman attempt of the enemy to produce, by devastation, famine among the people.

It is not in my power to announce any change in the conduct of foreign Powers. No such action has been taken by the Christian nations of Europe as might justly have been expected from their history, from the duties imposed by international law, and from the claims of humanity. It is charitable to attribute their conduct to no worse motive than indifference to the consequences which shake; only the Republican portion of the American continent; and not to ascribe to design a course calculated to insure the prolongation of hostilities.

No instance in history is remembered by me in which a nation pretending to exercise dominion over another, asserting its independence, has been the first to concede the existence of such independence. No case can be recalled to my mind in which neutral Powers have failed to see the example of recognizing the independence of a nation, when satisfied of the inability of its enemy to subvert its Government; and this, too, in case where the previous relation between the contending parties had been confessedly that of mother country and dependent colony; not, as in our case, that of co-equal States united by federal compact. It has never been considered the proper functions and duty of neutral Powers to perform the office of judging whether in point of fact, the nation asserting dominion is able to make good its pretensions by force of arms, and if not, by recognition of the resisting party to discountenance the further continuance of the contest. And the reason why this duty is incumbent on neutral Powers is plainly apparent, when we reflect that the pride and passion, which blind the judgment of the parties to the conflict, cause the continuance of active warfare, and consequent useless slaughter, long after the inevitable result has become apparent to all not engaged in the struggle. So long, therefore, as neutral nations fail by recognition of our independence to announce that, in their judgment, the United States are unable to reduce the Confederacy to submission, their conduct will be accepted by our enemies as a tacit encouragement of continue their efforts, and as an implied assurance that belief is entertained by neutral nations in the success of their designs. A direct stimulus, whether intentional or not, is thus applied to securing a continuance of the carnage and devastation which desolate this continent, and which they profess deeply to deplore.

The disregard of this just, humane and Christian public duty by the nations of Europe is the more remarkable from the fact that authentic expression has long since been given by the Governments of both France and England to the conviction that the United States are unable to conquer the Confederacy. It is now more than two years since the Government of France announced officially to the Cabinets of London and St. Petersburgh its own conclusion, that the United States were unable to achieve any decisive military success. In the answers sent by those Powers no intimation of a contrary opinion was conveyed; and it is notorious that in speeches, both in and out of Parliament, the members of her Brittanic Majesty’s Government have not hesitated to express this conviction in unqualified terms. The denial of our right, under these circumstances, is so obviously unjust, and discriminates so unfairly in favor of the United States, that neutrals have sought to palliate the wrong of which they are conscious by professing to consumer, in opposition to notorious truth and to the known belief of both belligerents, that the recognition of our independence would be valueless without their further intervention in the struggle an intervention of which we disclaim the desire and mistrust the advantage. We seek no favor, we wish no intervention; we know ourselves fully competent to maintain our own rights and independence against the invaders of our country; and we feel justified in asserting that, without the aid derived from recruiting their armies from foreign countries, the invaders would, ere this, have been driven from our soil. When the recognition of the Confederacy was refused by Great Britain, in the Fall of 1862, the refusal was excused on the ground that any action on the part of Her Majesty’s Government would have the effect of inflaming the passions of me belligerents and of preventing the return of peace. It is assumed that this opinion was sincerely entertained, but the experience of two years of unequal carnage shows that it was erroneous, and that the result was the reverse of what the British Ministry humanely desired. A contrary policy, a policy just to us, a policy diverging from an unvarying course of concession to all the demands of our enemies, is still within the power of Her Majesty’s Government, and would, it is fair to presume, be productive of consequences the opposite to those which have unfortunately followed its whole course of conduct from the commencement of the war to the present time. In a word, peace is impossible without independence, and it is not to be expected that the enemy will anticipate neutrals in the recognition of that independence. When the history of this war shall be fully disclosed, the calm judgment of the impartial publicist will, for these reasons, be unable to absolve the neutral nations of Europe from a share in the moral responsibility for the myriads of human lives that have been unnecessarily sacrificed during its progress.

The renewed instances in which foreign powers have given just cause of complaint need not here be detailed. The extracts from the correspondence of the State Department, which accompany this message, will afford such further information as can be given without detriment to the public interest, and we must reserve for the future such action as may then be deemed advisable to secure redress.

Your special attention is earnestly invited to the report of the Secretary of the Treasury, submitted in conformity with law. The facts therein disclosed are far from discouraging, and demonstrate that, with judicious legislation, we shall be enabled to meet all the exigencies of the war from our abundant resources, and avoid, at the same time, such an accumulation of debt as would render at all doubtful our capacity to redeem it.

The total receipts into the Treasury for the two quarters ending on the 30th September, 1864, were $415,191,550, which sum, added to the balance of $308,282,722, that remained in the Treasury on the 1st April last, forms a total of $728,474,272. Of this total, not far from half, that is to say, $342,560,327, have been applied to the extinction of the public debt, while the total expenditures have been $272,378,505, leaving a balance in the Treasury on the 1st October, 1864, of $108,435,440.

The total amount of the public debt, as exhibited on the books of the Register of the Treasury, on the 1st October, 1864, was $1,147,970,208, of which $539,840,090 were funded debt, bearing interest; $283,880,150 were treasury notes of the new issue, and the remainder consisted of the former issue of treasury notes, which will be converted into other forms of debt, and will cease to exist as currency on the 31st of next month.

The report, however, explains that, in consequence of the absence of certain returns from distant officers, the true amount of the debt is less, by about $2,500,000 than appears on the books of the Register, and that the total public debt on the 1st of last month, may be fairly considered to have been $1,126,381,095.

The increase of the public debt during the six months from the 1st of April to the 1st of October, was $97,050,780, being rather more than $16,000,000 per month, and it will be apparent, on a perusal of the report, that this augmentation would have been avoided, and a positive reduction of the amount would have been effected, but for certain defects in the legislation on the subject of the finances, which are pointed out in the report, and which seem to admit of easy remedy.

In the statements just made, the foreign debt is omitted, It consists only of the unpaid balance of the loan known as the cotton loan. This balance is but £2,200,000, and is adequately provided for by about 250,000 bales of cotton owned by the Government, even if the cotton be rated as worth but sixpence per pound.

There is one item of the public debt not included in the tables presented, to which your attention is required. The bounty bonds promised to our soldiers by the third section of the act of 17th February, 1864, were deliverable on the 1st October. The Secretary has been unable to issue them by reason of an omission in the law, no time being therein fixed for the payment of the bonds.

The aggregate appropriations called for by the different departments of the Government, according to the estimates submitted with the report, for the six months ending on the 20th June, 1865, amount to $435,102,679, while the Secretary estimates that there will remain unexpended, out of former appropriations, on the 1st January, 1865, a balance of $467,416,504. It would, therefore, seem that former estimates have been largely in excess of actual expenditures, and that no additional expenditures are required for meeting the needs of the public service up to the 1st July of next year. Indeed, if the estimates now presented should prove to be as much in excess of actual expenditures as has heretofore been the case, a considerable balance will still remain unexpended at the close of the first half of the ensuing year.

The chief difficulty to be apprehended in connection with our finances, results from the depreciation of the Treasury notes, which seems justly to be attributed by the Secretary to two causes -- redundancy in amount and want of confidence in ultimate redemption; for both of which, remedies are suggested that will commend themselves to your consideration as being practicable as well as efficient.

The main features of the plan presented are substantially these: First -- That the faith of the Government be pledged that the notes shall ever remain exempt from taxation. Second -- That no issue shall be made beyond that which is already authorized by law. Third -- That a certain fixed portion of the annual receipts from taxation during the war, shall be set apart specially for the gradual extinction of the outstanding amount, until it shall have been reduced to $150,000,000; and Fourth -- The pledge and appropriation of such proportion of the tax in kind, and for such number of years after the return of peace, as shall be sufficient for the final redemption of the entire circulation. The detail of the plan, the calculations on which it is based, the efficiency of its operation, and the vast advantages which would result from its success, are fully detailed in the report, and cannot be presented in a form sufficiently condensed for this message. I doubt not it will receive from you that earnest and candid consideration which is merited by the importance of the subject.

The recommendations of the report for the repeal of certain provisions of the tax laws which produce inequality in the burden of taxation; for exempting all Government loans from taxation on capital, and from any adverse discrimination in taxation on income derived from them; for placing the taxation on banks on the same footing as the taxation of other corporate bodies; for securing the payment into the treasury of that portion of the bank circulation which is liable to confiscation because held by alien enemies; for the conversion of the interest-bearing treasury notes now outstanding into coupon bonds, and for the quarterly collection of taxation; all present practical questions for legislation, which, if wisely devised, will greatly improve the public credit, and alleviate the burdens now imposed by the extreme and unnecessary depreciation in the value of the currency.

The return of the Produce Loan Bureau are submitted with the report, and the information is conveyed that the Treasury Agency in the Trans-Mississippi Department has been fully organized, and is now in operation with promise of efficiency and success.

The provisions heretofore made to some extent for increasing the compensation of public officers, civil and military, is found to be in some places inadequate, to their support; perhaps not more so anywhere than in Richmond, and inquiry, with a view to appropriate remedy, is suggested to your consideration. Your notice is also called to the condition of certain officers of the Treasury, who were omitted in the laws heretofore passed for the relief of other public officers, as mentioned in the report of the Secretary of the Treasury.

The condition of the various branches of the military service is stated in the accompanying report of the Secretary of War. Among the suggestions made for legislative action, with a view to add to the numbers and efficiency of the army, all of which will receive your consideration, there are some prominent topics which merit special notice.

The exemption from military duty now accorded by law to all persons engaged in certain specified pursuits or professions, is shown by experience to be unwise, nor is it believed to be defensible in theory. The defence home, family and country is universally recognized as the paramount political duty of every member of society; and in a form of Government like ours, where each citizen enjoys an equality of rights and privileges, nothing can be more invidious than an unequal distribution of duties and obligations. No pursuit nor position should relieve any one, who is able to do active duty, from enrollment in the army, unless his functions or services are more useful to the defence of his country in another sphere. But it is manifest this cannot be the case with the entire classes. All telegraph operators, workmen in mines, professors, teachers, engineers, editors and employees of newspapers, journeymen printers, shoemakers, tanners, blacksmiths, millers, physicians and numerous other classes mentioned in the laws, cannot in the nature of things be either equally necessary in their several professions, nor distributed throughout the country in such proportions that only the exact numbers required are found in each locality; nor can it be everywhere impossible to replace those within the conscript age by men older and less capable of active field services. A discretion should be vested in the military authorities, so that a sufficient number of those essential to the public service might be detailed to continue the exercise of their pursuits or professions, but the exemption from service of the entire classes should be wholly abandoned. It affords great facility for abuses, offers the temptation as well as the ready means of escaping service by fraudulent devices, and is one of the principal obstructions to the efficient operation of the conscript laws.

A general militia law is needful in the interest of her public defence. The Constitution, by vesting the power in Congress, imposes on the duty of providing “for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States.” The great diversity in the legislation of the several States on this subject, and the absence of any provision establishing an exact method for calling the militia into Confederate service, are sources of embarrassment which ought no longer to be suffered to impede defensive measures.

The legislation in relation to the cavalry demands change. The policy of requiring the men to furnish their own horses has proven pernicious in many respects. It interferes with discipline, impairs efficiency, and is the cause of frequent and prolonged absence from appropriate duty. The subject is fully treated in the Secretary’s report, with suggestions as to the proper measures for reforming that branch of the service.

The recommendation hitherto often made is, again renewed, that some measure be adopted for the reorganization and consolidation of companies and regiments when so far reduced in numbers as to seriously impair their efficiency. It is the more necessary that this should be done, as the absence of the legislation on the subject has forced Generals in the field to resort to various expedients for approximating the desired end. It is surely an evil that a commanding officer should be placed in a position which forces upon him the choice of allowing the efficiency of his command to be seriously impaired, or of attempting to supply by the exercise of doubtful authority the want of proper legal provision. The regard for the sensibility of officers who have heretofore served with credit, and which is believed to be the controlling motive that has hitherto obstructed legislation on this subject, however honorable and proper, may be carried to a point which seriously injures the public good; and if this be the case, it can scarcely be questioned which of the two considerations should be deemed paramount.

The Secretary’s recommendations on the subject of facilitating the acquisition of the iron required for maintaining the efficiency of railroad communication on the important military lines are commended to your favor. The necessity for the operation in full vigor of such lines is too apparent to need comment.

The question in dispute between the two Governments relative to the exchange of prisoners of war has been frequently presented in former messages and reports, and is fully treated by the Secretary. The solicitude for the relief of the captive fellow-citizens has known no abatement; but has, on the contrary, been still more deeply evoked by the additional sufferings to which they have been wantonly subjected, by deprivation of adequate food, clothing and fuel, which they were not even allowed to purchase from the prison-sutlers. Finding that the enemy attempted to excuse their barbarous treatment by the unfounded allegation that it was retaliatory for like conduct on our part, an offer was made by us, with a view of ending all pretext for such recriminations or pretended retaliation.

The offer has been accepted, and each Government is, hereafter, to be allowed to provide necessary comforts to its own citizens held captive by the other. Active efforts are in progress for the immediate execution of this agreement, and it is hoped that but few days will elapse before we shall be relieved from the distressing thought that painful physical suffering is endured by so many of our fellow-citizens, whose fortitude in captivity illustrates the national character as fully as did their valor in actual conflict.

The employment of slaves for service with the army as teamsters, or cooks, or in any way of work upon fortifications, or in the Government workshops, or in hospitals, and other similar duties, was authorized by the act of 17th February last, and provision was made for their impressment to a number not exceeding twenty thousand, if it should be found to be impracticable to obtain them by contract with the owners. The law contemplated the hiring only of the labor of the slaves and imposed on the Government the liability to pay for the value of such as might be lost to the owners from casualties resulting from their employment in the service.

This act has produced less result than was anticipated, and further provision is required to render it efficacious. But my present purpose is to invite your consideration to the propriety of a radical modification in the theory of the law.

Viewed merely as property, and therefore as the subject of imprisonment, the service or labor of the slave has been frequently claimed for short periods, in the construction of defensive works. The slave, however, bears another relation to the State -- that of a person. The law of last February contemplates the relation of the slave to the master, and limits the impressment to a certain term of service. But for the purposes enumerated in the act, instruction in the manner of encamping, marching and parking trains is needful, so that, even in this limited employment, length of service adds greatly to the value of the negro’s labor. Hazard is also encountered in all the positions to which negroes can be assigned for service with the army, and the duties required of them demand loyalty and zeal.

In this aspect the relation of person predominates so far as to render it doubtful whether the private right of property can consistently and beneficially be continued, and it would seem proper to acquire for the public service the entire property in the labor of the slave, and to pay therefor due compensation rather than to impress his labor for short terms; and this the more especially as the effect of the present law would vest this entire property in all cases where the slave might be recaptured after compensation for his loss had been paid to the private owner. Whenever the entire property in the service of a slave is thus acquired by the Government, the question is presented, by what tenure he should be held. Should he be retained in servitude or should his emancipation be held out to him as a reward for faithful service, or should it be granted at once on the promise of such service; and if emancipated, what action should be taken to secure for the freed man the permission of the State from which he was drawn to reside within its limits after the close of his public service. The permission would doubtless be more readily accorded as a reward for past faithful service; and a double motive for zealous discharge of duty would thus be offered to those employed by the Government -- their freedom, and the gratification of the local attachment which is so marked a characteristic of the negro, and forms so powerful an incentive to his action. The policy of engaging to liberate the negro on his discharge after service faithfully rendered, seems to me preferable to that of granting immediate manumission, or that of retaining him in servitude. If this policy should recommend itself to the judgment of Congress, it is suggested that, in addition to the duties heretofore performed by the slave, he might be advantageously employed as a pioneer and engineer laborer; and, in that event, that the number should be augmented to forty thousand.

Beyond this limit and these employments it does not seem to me desirable, under existing circumstances, to go. A broad moral distinction exists between the use of slaves as soldiers in the defence of our homes and the incitement of the same persons to insurrection against their masters. The one is justifiable if necessary, the other is iniquitous and unworthy of a civilized people; and such is the judgment of all writers on public law, as well as that expressed and insisted on by our enemies in all wars prior to that now waged against us. By none have the practices of which they are now guilty been denounced with greater severity than by themselves in the two wars with Great Britain in the last and in the present century; and in the Declaration of Independence of 1776, when enumeration was made of the wrongs which justified the revolt from Great Britain, the climax of atrocity was deemed to be reached only when the English monarch was denounced as having “excited domestic insurrection among us.”

The subject is to be viewed by us, therefore, solely in the light of policy and our social economy. When so regarded, I must dissent from those who advise a general levy and arming of the slaves for the duty of soldiers. Until our white population shall prove insufficient for the armies we require, and can afford to keep in the field, to employ as a soldier the negro who has merely been trained to labor, and as a laborer, the white man, accustomed from his youth to the use of fire-arms, would scarcely be deemed wise or advantageous by any; and this is the question now before us. But should the alternative ever be presented, of subjugation or of the employment of the slave, as a soldier, there seems no reason to doubt what should then be our decision. Whether our view embraces what would, in so extreme a case, be the sum of misery entailed by the dominion of the enemy, or be restricted solely to the effect upon the welfare and happiness of the negro population themselves, the result would be the same. The appalling demoralization, suffering, disease and death which have been caused by partially substituting the invaders’ system of police, for the kind relation previously subsisting between the master and slave, have been a sufficient demonstration that external interference with our institution of domestic slavery is productive of evil only.

If the subject involved no other consideration than the mere right of properly, the sacrifices heretofore made by our people have been such as to permit no doubt of their readiness to surrender every possession in order to secure their independence. But the social and political question which is exclusively under the control of the several States, has a far wider and more enduring importance than that of pecuniary interest. In its manifold phases it embraces the stability of republican institutions, resting on the actual political equality of all its citizens, and includes the fulfillment of the task which has been to happily begun -- that of Christianizing and improving the condition of the Africans who have, by the will of Providence, been placed in our charge. Comparing the results of our experience with those of the experiments of others who have borne similar relation to the African race, the people of the several States of the Confederacy have abundant reason to be satisfied with the past, and to use the greatest circumspection in determining their course. These considerations, however, are rather applicable to the improbable contingency of our need of resorting to this element of resistance than to our present condition. It the recommendations above made, for the training of 40,000 negroes for the service indicated, shall meet your approval, it is certain that even this limited number, by their preparatory training in intermediate duties, would form a more valuable reserve force in case of urgency than three-fold their number suddenly called from field labor; while a fresh levy could, to a certain extent, supply their places in the special service for which they are now employed.

The regular annual reports of the Attorney General, the Secretary of the Navy and the Postmaster-General are appended, and give ample information relative to the condition of the respective departments. They contain suggestions for legislative provisions required to remedy such defects in the existing laws as have been disclosed by experience, but none or so general or important a character as to require that I should do more than recommend them to your favorable consideration.

The disposition of this Government for a peace solution of the issues which the enemy has referred to the arbitrament of arms, has been too often manifested, and is too well known to need new assurances. But while it is true that individuals and parties in the United States have indicated a desire to substitute reason for force, and by negotiation to stop the further sacrifice of human life, and to arrest the calamities which now afflict both countries, the authorities who control the Government of our enemies have too often and too clearly expressed their resolution to make no peace except on terms of our unconditional submission and degradation, to leave us any hope of the cessation of hostilities until the delusion of their ability to conquer us is dispelled.

Among those who are already disposed for peace, many are actuated by principle and by disapproval and abhorrence of the iniquitous warfare that their Government is waging, while others are moved by the conviction that it is no longer to the interest of the United States to continue a struggle in which success is unattainable. Whenever this fast-growing conviction shall have taken firm root in the minds of a majority of the Northern people, there will be produced that willingness to negotiate for peace which is now confined to our side. Peace is manifestly impossible unless desired by both parties to this war, and the disposition for it among our enemies will be best and most certainly evoked by the demonstration on our part of ability and unshaken determination to defend our rights, and to hold no earthly price too dear for their purchase. Whenever there shall be on the part of our enemies, a desire for peace, there will be no difficulty in finding means by which negotiations can be opened but it is obvious that no agency can be called into action until this desire shall be mutual. When that contingency shall happen, the Government, to which is confided the treaty-making power can be at no loss for means adapted to accomplish so desirable an end.

In the hope that the day will soon be reached when, under Divine favor, these States may be allowed to enter on their former peaceful pursuits, and to develop the abundant natural resources with which they are blessed, let us then resolutely continue to devote our united and unimpaired energies to the defence of our homes, our lives and our liberties. This is the true path to peace. Let us tread it with confidence in the assured result.

JEFFERSON DAVIS. RICHMOND, Nov. 7, 1864.

Glossary

impressment: the act of forcibly taking for the public service

property: a thing that is owned; Southerners considered slaves as their property in the same way as they thought of a chair, a plow, or a wagon as their property

manumission: the act of an owner releasing a slave from bondage

incitement: a cause for action; Southerners considered incitement to be the actions that the Union Army and government took to encourage enslaved people to run away

Social economy: how social classes are expected to work together; in the South, the social economy referred to the relationship between master and slave


Defining Documents in American History: Civil War (1860–1865)

Jefferson Davis on the Employment of Slaves

by Christopher Graham

Date: November 7, 1864

Author: Davis, Jefferson

Genre: speech; message to Congress

“My present purpose is to invite your consideration to the propriety of a radical modification in the theory of the law.”

Summary Overview

Confederate President Jefferson Davis returned from an October 1864 tour of the troubled Deep South states and the bloodied Army of Tennessee to compose an address for the opening of the Second Confederate Congress. Davis designed the address to boost the morale of a discouraged country. He admitted to difficult circumstances the nation faced. He discounted the recent loss of Atlanta, and while pointing to minor successes elsewhere, insisted that the Confederacy consisted of ideas much more important than physical localities. A strained reason for hope, indeed, but politically necessary. Davis also admitted to the chief Confederate weakness, the shortage of men eligible to be soldiers in the army, and declared that a tightening of exemption laws would produce enough men to repel the invaders. The number of white men could be boosted, Davis maintained, if the Confederate military had access to large numbers of slaves to serve as wagon drivers, cooks, and laborers, and even as pioneer and engineer troops. He lamented that a February 1864 impressment law designed to raise 20,000 slaves for that purpose had failed to produce the required number. Impressed slaves could only be used in limited capacities owing to the fact that slave owners protective of their investments had constrained how, and how long, the state might use them. Davis cast around for ideas on how to increase the number of slaves fully committed to Confederate service.

The president found a solution not by adjusting numbers (though he did increase the requisition to 40,000 men) or reconsidering the degree of political pressure on individuals and states. Instead, he invited Congress to consider “a radical modification in the theory of the law.” Davis meant for the Confederate government to assume greater power to impress, retain, train, and utilize slave labor in larger capacities in the military effort. He stopped short of advocating the arming of slaves for service in the ranks, but claimed that should the Confederacy desire to do so, the move would be “justifiable, if necessary.” Ten months before, Davis had squelched the discussion of arming slaves when it was raised by General Patrick Cleburne. Now, Davis himself initiated a heated public discussion by suggesting, essentially, the same thing.

Defining Moment

The military situation in the South had changed dramatically since Cleburne’s suppressed memorandum. Atlanta, in the heart of the Confederacy, had fallen to the Union army of William T. Sherman and Ulysses Grant’s Union forces hemmed Robert E. Lee’s Army of Northern Virginia to the outskirts of Richmond and Petersburg. Further, Abraham Lincoln’s reelection to the presidency of the United States dashed Confederate hopes that victory by his Democrat opponent would signal a national desire to make peace with an independent Confederacy. Assistance from abroad, once a key expectation of Confederate leaders, now appeared impossible to attain. Now, at the same time that Davis delivered his address, Sherman set off his Union army on its celebrated “march to the sea.” At home, supplies for the army dwindled while inflation continued to soar.

The desperation of the Confederate situation had caused many Southerners to give up hope for independence. Some acted on this loss of will by joining the now-chronic flow of deserters from the army. Others advocated the return of the Southern states to the Union. A few thinkers inside the government and in the civilian world, so stunned at Confederate reversals, began to formulate innovative ways to salvage hope. The Confederacy’s chief ordnance officer, Josiah Gorgas noted “there is no help except to use negroes, giving them their freedom.” The Governor of Louisiana, Henry W. Allen said much the same, “we have in our negro slaves the means of increasing the number of available fighting men.” The editor of the Charlotte (N.C.) Democrat flatly proclaimed “it will be necessary to take negroes [into the army as soldiers] or abandon the struggle for independence.” Indeed, Davis’ closest advisors urged him to reconsider his stance. Judah P. Benjamin, the Confederate Secretary of State, most forcefully advocated the use of slave soldiers in the president’s cabinet.

Davis, though strongly convinced about the rightness of slavery and the conservative nature of the Confederate experiment, was under a considerable pressure to contemplate the idea. He proved a nimble enough thinker to reexamine his convictions and consider a new relationship between blacks and whites in the South.

Author Biography

Jefferson Davis was born to be a champion of the South’s peculiar institution. A Kentucky-born Mississippi planter, Davis had access to the west’s finest private preparatory schools and then attended the United States Military Academy at West Point. He served at various frontier forts along the Mississippi River for seven years before he resigned his commission, married the daughter of future President Zachary Taylor, and settled in Mississippi to take up the life of a cotton grandee where his new bride promptly died of malaria. Under his brother’s tutelage, Jefferson Davis became a planter and in 1843 entered the world of Democratic politics as a candidate for the state legislature. He lost, but his star rose in Mississippi political circles. Married again, to Varina Howell, Davis continued both his work as a planter and a party operative. The Democrats rewarded him with a nomination to the United States House of Representatives and Davis won the election in 1846. Shortly thereafter, he re-donned the military uniform when he became Colonel of the First Mississippi Volunteers for the war with Mexico. In battle he and his regiment gained national attention for bravery and élan, so much so that when he returned to Mississippi, the governor appointed him to fill a vacant senatorial seat. Senator Davis served in that body until 1860, except for the four years he stood as the Secretary of War in the Franklin Pierce administration.

Jefferson Davis’ farewell address to the United States Senate upon Mississippi’s withdrawal from the Union, offers a revelatory view of his thinking on slavery, secession, and the cause of the fledgling Confederacy. On what he called “the saddest day of my life,” Davis stepped to the Senate floor and explained that since Mississippi had seceded, he must depart. He took pains to delineate between nullification and secession, to defend both John Calhoun and Andrew Jackson, and to wish the remaining Senators good will. But he insisted that Mississippi’s secession followed a legal and legitimate course. Standing on the principle of state sovereignty, Davis insisted that states had the right to remove themselves from the dangerous effects of hostile laws. The hostile laws emanating from increasingly dominant Northern representatives in Congress consisted of the idea that black people should occupy a place of equality with white people. Davis rejected this notion not on social grounds, as so many of his contemporaries would, but on Constitutional precedent. In reviewing the Declaration of Independence and the Constitution Davis noted that blacks “were not put upon the footing of equality with white men.” To insist otherwise, as the emerging Northern majority did, would court the destruction of the great republic. Davis thus cast the sectional disagreement not as particularly about slavery—though even he cited no other reason—but about great constitutional principles. He pledged that by seceding, the Southern states acted upon the “high and solemn motive of defending and protecting the rights we inherited.” Davis’ facility with the constitutional argument presaged his reassertion of it in November 1864, albeit with a slightly altered interpretation.

Document Analysis

The section of Davis’ November 7 address under review is entitled “Employment of Slaves.” He begins with a reminder that the Act of the previous February authorized the impressment of up to 20,000 slaves “if it should be found impracticable to obtain them by contract with owners.” Davis noted the problem with implementation of the Act; slave owners still possessed title to the contracted or impressed slaves and insisted on limitations to how the government employed their bondsmen. Owners included in contracts limits on amounts of time a slave could be away, and limits on the duties he might perform, thus constraining the Confederate government from obtaining a maximum amount of work.

Here is where Davis proposed “a radical modification in the theory of the law.” As property, slaves’ employment could be severely constrained by their masters. But, Davis said, “the slave…bears another relation to the state—that of a person.” This stance contradicted the pro-slavery finding by the United States Supreme Court in the Dred Scott decision that black men were of such “an inferior order, and altogether unfit to associate with the white race, either in social or political relations…that they had no rights which the white man was bound to respect.” Davis’s new interpretation allowed the state—the Confederacy—to recognize blacks as persons and therefore demand a greater commitment from them. In fact, he wrote, “in this respect the relation of person predominates so far as to render it doubtful whether the private right of property can consistently and beneficially be continued.” In other words, the Confederacy may interpret the law in such a way as to disregard the rights of the slave owner and elevate the status of the slave to that of a legal person. Once so interpreted, the state could then claim the ability to keep a black man in service longer, train him for skilled work, and assign him to dangerous posts—all previously forbidden by contracting masters. Davis recognized that if the state viewed the impressed slave as a person, it had an obligation to grant that slave certain rights and privileges associated with personhood. After all, would not a slave in service to the military be expected to express loyalty, endure hardship, and strive to accomplish difficult tasks? Southern states had a long tradition of rewarding faithful or valorous slaves with emancipation. The same would be expected of slaves serving the Confederacy. The promise of freedom would be “a double motive for a zealous discharge of duty.” Davis did stop to note that any such emancipation would happen only after the service was rendered, not before (as Cleburne and other advocates had suggested).

Davis demurred, however, from advocating the use of black men as soldiers. “Beyond these limits and these employments,” he wrote, “it does not seem to me desirable, under existing circumstances, to go.” However, Davis insisted that such a use would be legitimate; at least more legitimate than the Union’s use of freed slaves as soldiers , which he considered “insurrection against their masters.” If the Confederacy used slaves as soldiers, the moral world could be satisfied that the slaves did so solely “in defense of their homes.” Principle aside, Davis quickly reminded his hearers that he found the use of slaves as soldiers unnecessary so long as enough white men stood ready to fill the ranks. But should that day come when sufficient white men failed at their duty to enlist, “there seems no reason to doubt what should then be our decision.”

Davis grasped at a rhetorical maneuver Cleburne had made when Davis wrote “If the subject [the war] involved no other consideration than the mere right of property [in slaves], the sacrifices heretofore made by our people have been such as to permit no doubt of their readiness to surrender every possession in order to secure their independence.” Where the Jefferson Davis of 1861 had bound the preservation of slavery and the constitutional claim to independence into one impenetrable cause, the Jefferson Davis of late 1864 proved willing to pry them apart and elevate one over the other.

Davis’ address in regard to the potential of slave labor reads less like a lawyer’s brief and more like a man who was delicately reconsidering a fundamental belief and careful to cover his changes with plenty of caveats and conditions. Davis’ thinking about the core values of the Confederacy, though evolving, remained fundamentally conservative. His address pressed policy makers to reconsider the states’ ability to claim the labor and destiny of slave owners’ property, certainly a significant departure from the original secessionists’ protest that the state could not govern the relationship between master and slave. And though he denied that the Confederacy was so desperate as to actually need slave soldiers, he staked a claim to consider their use in the future. Such an admission stunned the Confederate political class and set off a season of vigorous debate on the topic of black men in arms.

Essential Themes

Despite Davis’ complete rejection of Patrick Cleburne’s memorial ten months before, the General’s logic about recasting Confederate rhetoric found the president a ready advocate. Davis, after all, had long cloaked the cause of slavery in the language of constitutional principal. Davis had begun divorcing the two as early as July 1864 when he privately told two unofficial Northern emissaries that slavery “was only a means of bringing other conflicting elements to an earlier culmination. It fired the musket which was already capped and loaded.” All it took for Davis to publically discuss the implications of the rhetorical devaluing of slavery was the desperate straights of the Confederacy in late 1864. The furthest implication—the arming of slaves as soldiers and the potential for widespread emancipation—however, was something Davis had conceded only in principle, not as policy. Davis initiated the discussion with his delicate thinking, but Confederates followed with a robust discussion about the fundamental alteration in the nature of slavery.

Many Confederates disagreed with Davis. Prominent statesmen like Georgia’s Howell Cobb and Virginia’s R.M.T. Hunter had no compunction about claiming slavery as the raison d’etre for the Confederacy and enforcing that conviction by opposing all attempts to place blacks alongside whites in the ranks or reward them with emancipation. David Yulee of Florida directly challenged Davis’ new legal configuration: “whenever the Confederate government treats Slaves in the States otherwise than as property a social revolution is begun in the South, the end of which may not be foreseen.” One congressman elegantly described how the bonds forged between soldiers would become sundered, as “a chain which the electric spark of sympathy and mutual confidence can no longer traverse…the answering smile, the triumphant glance, the understood pledge of mutual devotion, heretofore transmitted from company to company [will be] all interrupted and destroyed.” Just as the nation depended on slavery to govern its race relations, individual white men would not countenance emotional intimacy not based on explicitly understood inequality.

Aside from the horrifying prospect of social equality that black men in the ranks might suggest, opponents of the black soldier idea offered other reasons to be against it. To arm blacks would demonstrate to the world—particularly to England and France—how weak and desperate the Confederacy had become. Thus exposed as helpless, the Confederacy would be easy prey for manipulative and predatory nations. Other opponents spoke for the soldiers in the ranks and claimed that they would not fight alongside blacks. But opposition always came back around to the conviction that the plan was impossible to countenance let alone implement because it would betray the very reason for the Confederacy. One opponent lamented that the likely outcome of even limited emancipation and arming of slaves “would inevitably [ be] the destruction of the institution of slavery, and the consequent ruin and degradation of the South.”

The plan’s proponents denied the charge that the proposal to arm and emancipate black men betrayed Confederate ideals. Nothing that Davis had proposed, they observed, permitted anything but perpetual superiority of whites over blacks. Indeed, the Davis administration’s embrace of a limited plan of service followed by emancipation suggests that advocates were clear-eyed about the tenuous future of slavery as it had existed, and were thinking feverishly about how to maintain white supremacy in a post-war world. Historian Bruce Levine has claimed that the proponents of black soldiers had made a “cold-blooded appraisal of the slaveholder’s desperate situation and dwindling options after about the middle of 1863.” But Davis and the realists had still to convince a fractious and skeptical nation.

Bibliography

1 

Cooper, William J., Jr. Jefferson Davis, American. New York: Vintage, 2001. Print

2 

Levine, Bruce. Confederate Emancipation: Southern Plans to Free and Arm Slaves during the Civil War. New York: Oxford UP, 2006. Print.

Additional Reading

3 

Escott, Paul D. After Secession: Jefferson Davis and the Failure of Confederate Nationalism. Baton Rouge: Louisiana State UP, 1992. Print.

4 

Levine, Bruce. The Fall of the House of Dixie: The Civil War and the Social Revolution that Transformed the South. New York: Random House, 2013. Print.

5 

Martinez, Jamie Amanda. Confederate Slave Impressment in the Upper South. Chapel Hill: U of North Carolina P, 2013. Print.

6 

Thomas, Emory M. The Confederate Nation: 1861-1865. New York: Harper, reprint, 2011. Print.

Citation Types

Type
Format
MLA 9th
Graham, Christopher. "Jefferson Davis On The Employment Of Slaves." Defining Documents in American History: Civil War (1860–1865),Salem Press, 2013. Salem Online, online.salempress.com/articleDetails.do?articleName=DDCW_0067.
APA 7th
Graham, C. (2013). Jefferson Davis on the Employment of Slaves. Defining Documents in American History: Civil War (1860–1865). Salem Press. online.salempress.com.
CMOS 17th
Graham, Christopher. "Jefferson Davis On The Employment Of Slaves." Defining Documents in American History: Civil War (1860–1865). Hackensack: Salem Press, 2013. Accessed July 12, 2025. online.salempress.com.