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1021 Series IV Volume III- Serial 129 - Correspondence, Orders, Reports and Returns of the Confederate Authorities from January 1, 1864, to the End

Page 1021 CONFEDERATE AUTHORITIES.

military service of the Confederate States, as contemplated by said act of Congress, it will be the duty of the Bureau of Conscriptioin to preserve the plan prescribed by State enactment. "

There being in this State a law enacted avowedly for the collection of slaves for the military purposes of the Confederate States, and prescribing rules and regulations for that purpose, conformity to the provision is required by the War Department, and practically the operation of any other system or mode of impressment iis precluded.

Second. The points of conflict between the regulations of the State and those of the War Department are chiefly these: The act of the Legislature contemplates the using of the slaves only within the State. The act of Congress looks to their being used anywhere "within the military department. "

The act of the Legislature restricts the labor to be exacted of the slaves to " work on the coast of this State and the fortifications within the limits of the State," and provides especially "that the slaves shall not be detailed for any other service than such work as is intimately connected with the defense of this State. " The act of Congress, on the other hand, provides for other duties, to wit:

Duties with the Army or in connection with the military defenses of the country in the way of work on fortifications or in Government works for the production or preparation of materials of war or in military hospitals.

The act of the Legislature directs a mode of appraisement by the sheriff and a "loyal citizen" to be chosen by the owner. The orders of the War Department direct an appraisement "under the law regulating impressments. " The instructions of December 12 direct still another mode, to wit, "by the impressing officer and the advisory board. " (This matter of the appraisement of the slaves, by the way, is found to be one of the most embarrassing of the many difficult problems involved, and from it already much dissatisfaction. The adoption of some uniform mode, equally binding on the individual and the Confederate Government, is most essential to anay successful impressment.) To some extent these points of conflict may be avoiided by such conformity to the State regulations as is required by the instructions of December 12. The order to impress the slaves according to State rules and regulations would seem to imply conformity to the mode of appraisement prescribed by the State law, such being one of the State "regulations. "

This idea fully carried out would perhaps control all the points of difference by virtually supersending all Confederate regulations and substituting therefor the "rules and regulations" of the State law. The order to "pursue the plan prescribed by State enactment" would seem to carry with iit a conformity to all the incidents and conditions of the "plan. "

Third. It is clear that the State authorities cannot furnish any number of slaves to the Confederate Government on the terms of the instructions of the War Department. They can only be furnished according to the terms prescribed by the State law. These terms are as follows: First, the period of service will be for twelve months; second, a portion of the number will be levied for only two months from owners who are liable for ----; third, each owner will have the right to remove his slaves at the end of each quarter and substitute others; fourth, the slaves will be appraised according to the regulations prescribed by the act; fifth, the use of the slaves will be restricted to "work on the coast of this State and the fortifications within the


Page 1021 CONFEDERATE AUTHORITIES.