Staaten, No. 54. ment of Fort Sumter, when he issued the declaration of war against this Conföd. confederacy which has prompted me to convoke you. In this extraordinary 29. April production, that high functionary affects total ignorance of the existence of 1861. an independent government, which, possessing the entire and enthusiastic devotion of its people, is exercising its functions without question over seven sovereign States, over more than five millions of people, and over a territory whose area exceeds half a million of square miles. He terms sovereign States combinations too powerful to be suppresed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law." He calls for an army of seventy-five thousand men to act as a posse comitatus in aid of the process of the courts of justice in States where no courts exist whose mandates and decrees are not cheerfully obeyed and respected by a willing people. He avows that "the first service to be assigned to the forces called out," will he, not to execute the process of courts, but to capture forts and strongholds situated within the admitted limits of this confederacy, and garrisoned by its troops; and declares that "this effort" is intended "to maintain the perpetuity of popular government." He concludes by commanding "the persons composing the combinations aforesaid" to wit: the five millions of inhabitants of these States “to retire peaceably to their respective abodes within twenty days." ¶ Apparently contradictory as are the terms of this singular document, one point was unmistakably evident. The President of the United States called for an army of seventy-five thousand men, whose first service was to be to capture our forts. It was a plain declaration of war which I was not at liberty to disregard, because of my knowledge that under the constitution of the United States the President was usurping a power granted exclusively to the Congress. He is the sole organ of communication between that country and foreign Powers. The law of nations did not permit me to question the authority of the Executive of a foreign nation to declare war against this confederacy. Although I might have refrained from taking active measures for our defence, if the States of the Union had all imitated the action of Virginia, North Carolina, Arkansas, Kentucky, Tenessee and Missouri, by denouncing the call for troops as an unconstitutional usurpation of power to which they refused to respond, I was not at liberty to disregard the fact that many of the States seemed quite content to submit to the exercise of the power assumed by the President of the United States, and were actively engaged in levying troops to be used for the purpose indicated in the proclamation. ¶ Deprived of the aid of Congress at the moment, I was under the necessity of confining my action to a call on the States for volunteers for the common defence, in accordance with the authority you had confided to me before your adjournment. I deemed it proper further to issue proclamation inviting application from persons disposed to aid our defence in private armed vessels on the high seas, to the end that preparations might be made for the immediate issue of letters of marque and reprisal, which you alone, under the constitution, have power to grant. I entertain no doubt you will concur with me in the opinion Staaten, 1861. that in the absence of a fleet of public vessels, it will be eminently ex- No: 54. pedient to supply their place by private armed vessels, so happily styled Confod. by the publicists of the United States "the militia of the sea" and so often 29. April and justly relied on by them as an efficient and admirable instrument of defensive warfare. I earnestly recommend the immediate passage of a law authorizing me to accept the numerous proposals already received. ¶ I cannot close this review of the acts of the government of the United States without referring to a proclamation issued by their President under date of the 19th inst.*), in which, after declaring that an insurrection has broken out in this confederacy against the government of the United States, he announces a blockade of all the ports of these States, and threatens to punish as pirates all persons who shall molest any vessel of the United Stases under letters of marque issued by this government. Notwithstanding the authenticity of this proclamation you will concur with me that it is hard to believe it could have emanated from a President of the United States. Its announcement of a mere paper blockade is so manifestly a violation of the law of nations that it would seem incredible that it could have been issued by authority; but conceding this to be the case so far as the Executive is concerned, it will be difficult to satisfy the people of these States that their late confederates will sanction its declarations, will determine to ignore the usages of civilized nations, and will inaugurate a war of extermination on both sides, by treating as pirates open enemies acting under the authority of commissions issued by an organized government. If such proclamation was issued, it could only have been published under the sudden influence of passion, and we may rest assured mankind will be spared the horrors of the conflict it seems to invite. For the details of the administration of the different departments, I refer to the reports of the Secretaries which accompany this message. The State Department has furnished the necessary instructions for three Commissioners who have been sent to England, France, Russia and Belgium, since your adjournment, to ask our recognition as a member of the family of nations, and to make with each of those Powers treaties of amity and commerce. Further steps will be taken to enter into like negotiations with the other European Powers in pursuance of your resolutions passed at the last session. Sufficient time has not yet elapsed since the departure of these Commissioners for the receipt of any intelligence from them. As I deem it desirable that Commissioners or other diplomatic agents should also be sent at an early period to the independent American Powers south of our confederacy, with all of whom it is our interest and earnest wish to maintain the most cordial and friendly relations, I suggest the expediency of making the necessary appropriations for that purpose. Having been officially notified by the public authorities of the State of Virginia that she had withdrawn from the Union, and desired to maintain the closest political relations with us which it was possible at this time to establish, I commissioned the Hon. Alexander H. Stephens, Vice *) No. 44. Staaten, No. 54. President of the Confederate States, to represent this government at RichConföd. mond. I am happy to inform you that he has concluded a convention with 29. April the State of Virginia, by which that honored Commonwealth, so long and 1861. justly distinguished among her sister States, and so dear to the hearts of thousands of her children in the Confederate States, has united her power and her fortunes with ours, and become one of us. This convention, together with the ordinance of Virginia, adopting the provisional constitution of the confederacy, will be laid before you for your constitutional action. I have satisfactory assurances from other of our late confederates that they are on the point of adopting similar measures, and I cannot doubt that ere you shall have been many weeks in session the whole of the slaveholding States of the late Union will respond to the call of honor and affection, and by uniting their fortunes with ours, promote our common interests and secure our common safety. In the Treasury department, regulations have been devised and put into execution for carrying out the policy indicated in your legislation on the subject of the navigation of the Mississippi river, as well as for the collection of revenue on the frontier. Free transit has been secured for vessels and merchandise passing through the Confederate States; and delay and inconvenience have been avoided as far as possible in organizing the revenue service for the various railways entering our territory. As fast as experience shall indicate the possibility of improvement in these regulations, no effort will be spared to free commerce from all unnecessary embarrassments and obstructions. Under your act authorizing a loan, proposals were issued inviting subscriptions for five millions of dollars, and the call was answered by the prompt subsription of more than eight millions by our own citizens, and not a single bid was made. under par. The rapid development of the purpose of the President of the United States to invade our soil, capture our forts, blockade our ports, and wage war against us, induced me to direct that the entire subscription should be accepted. It will now become necessary to raise means to a much larger amount to defray the expenses of maintaining our independence and repelling invasion. I invite your special attention to this subject, and the financial condition of the government, with the suggestion of ways and means for the supply of the Treasury, will be presented to you in a separate communication. To the Department of Justice you have confided not only the organization and supervision of all matters connected with the courts of justice, but also those connected with patents and with the bureau of public printing. Since your adjournment all the courts, with the exception of those of Mississippi and Texas, have been organized by the appointment of Marshals and District Attorneys, and are now prepared for the exercise of their functions. In the two States just named, the gentlemen confirmed as Judges declined to accept the appointment, and no nominations have yet been made to fill the vacancies. I refer you to the report of the Attorney-General, and concur in his recommendation for immediate legislation, especially on the subject of patent rights. Early provision should be made to secure to the -- Staaten, subjects of foreign nations the full enjoyment of their property in valuable No. 54. inventions, and to extend to our own citizens protection, not only for their Conföd. own inventions, but for such as may have been assigned to them, or may 29. April hereafter be assigned by persons not alien enemies. The Patent-office 1861. business is much more extensive and important than had been anticipated. The applications for patents, although confined under the law exclusively to citizens of our confederacy, already average seventy per month, showing the necessity for the prompt organization of a bureau of patents. ¶ The Secretary of War, in his report and accompanying documents, conveys full information concerning the forces - regular, volunteer and provisional raised and called for under the several acts of Congress, their organization and distribution. Also an account of the expenditures already made, and the further estimates for the fiscal year ending on the 18th February 1862, rendered necessary by recent events. I refer to his report also for a full history of the occurrences in Charleston harbor, prior to and including the bombardment and reduction of Fort Sumter, and of the measures subsequently taken for the common defence, on receiving intelligence of the declaration of war against us made by the President of the United States. There are now in the field at Charleston, Pensacola, Forts Morgan, Jackson, St. Philip and Pulaski, nineteen thousand men, and sixteen thousand are now en route for Virginia. It is proposed to organize and hold in readiness for instant action, in view of the present exigencies of the country, an army of one hundred thousand men. If further force should be needed the wisdom and patriotism of Congress will be confidently appealed to for authority to call into the field additional numbers of our noble-spirited volunteers, who are constantly tendering service far in excess of our wants. The operations of the Navy Department have been necessarily restricted by the fact that sufficient time has not yet elapsed for the purchase or construction of more than a limited number of vessels adapted to the public service. Two vessels purchased have been named the Sumter and Macree, and are now being prepared for sea, at New-Orleans, with all possible despatch. Contracts have also been made at that city with two different establishments for the casting of ordnance, cannon, shot and shell, with the view to encourage the manufacture of these articles, so indispensable for our defence, at as many points within our territory as possible. I call your attention to the recommendation of the Secretary for the establishment of a magazine and laboratory for preparation of ordnance stores, and to necessary appropriation for that purpose. Hitherto such stores have usually been prepared at the navy yards, and no appropriation was made at your last session for this object. The Secretary also calls attention to the fact that no provision has been made for the payment of invalid pensions to our own citizens. Many of these persons are advanced in life, the have no means of support, and by the secession of these States, have been deprived of their claim against the government of the United States. I recommend the appropriation of the sum necessary to pay these pensioners, as well as those of the army, whose claims can scarcely exceed seventy thousand dollars per annum. Staaten, No. 54.¶The Postmaster General has already succeeded in organizing his departConfod. ment to such an extent as to be in readiness to assume the direction of 29. April our postal affairs, on the occurrence of the contingency contemplated by 1861. the Act of march 15, 1861, or even sooner if desired by Congress. The various books and circulars have been prepared and measures taken to secure supplies of blanks, postage stamps, stamped envelopes, mail-bags, locks, keys, &c. He presents a detailed classification and arrangement of his clerical force, and asks for its increase. An auditor of the treasury for this department is necessary, and a plan is submitted for the organization of his bureau. The great number and magnitude of the accounts of this department require an increase of the clerical force in the accounting branch in the treasury. The revenues of this department are collected and disbursed in modes peculiar to itself, and require a special bureau to secure a proper accountability in the administration of its finances. I call your attention to the additional legislation required for this department, to the recommendation for changes in the law fixing the rates of postage on newspapers, periodicals and sealed packages of certain kinds, and specially to the recommendation of the Secretary, in which I concur, that you provide at once for the assumption by him of the control of our entire postal service. In the military organization of the States provision is made for brigadier and major-generals, but in the army of the Confederate States the highest grade is that of brigadier-general. Hence it will no doubt sometimes occur that where troops of the confederacy do duty with the militia, the general selected for the command, and possessed of the views and purposes of this government, will be superseded by an officer of the militia not having the same advantages. To avoid this contingency in the least objectionable manner, I recommend that additional rank be given to the general of the Confederate army, and concurring in the policy of having but one grade of general in the army of the Confederacy, I recommend that the law of its organization be amended, so that the grade be that of general. ¶ To secure a thorough military education, it is deemed essential that officers should enter upon the study of their profession at an early period of life, and have elementary instruction in a military school. Until such school shall be established, it is recommended that cadets be appointed and attached to companies until they shall have attained the age and have acquired the knowledge to fit them for the duties of lieutenants. I also call your attention to an omission in the law organizing the army, in relation to military chaplains, and recommend that provision be made for their appointment: In conclusion, I congratulate you on the fact that in every portion of our country, there has been exhibited the most patriotic devotion to our common cause. Transportation companies have freely tendered the use of their lines for troops and supplies. The presidents of the railroads of the confederacy, in company with others who control lines of communication with States that we hope soon to greet as sisters, assembled in convention in this city, and not only reduced largely the rates heretofore demanded for mail service and conveyance of troops and muni |