Civil War and Reconstruction Governors of Alabama

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Shorter_correspondence_RSG00689_Q145250_Q145648

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356 forwarded, by the "Vesuvius," a British War-vessel, a certain amount of money which to pay the Interest which should become due, on the Bonds of the State, held by British Subjects abroad. [silcrow] Without stopping to enquire whether the payment of the debt, under the circumstances attending this remittance, is a breach of the Blockade, or whether the State might not have made other provision to meet the Interest on the Bonds, it is affirmed that the shipment was made by the consent of Commodore Hitchcock, commanding the blockading fleet - off the Port of Mobile. He was fully advised of all the facts by the Capt. of the British Vessel, and gave his free assent, before the Capt would receive the money on Board his vessel. How, therefore, could any blame attach - either to the conduct of the Vice-Consul, or of the Capt. of the Vessel? [silcrow] This action of the British Government is so remarkable, that I am constrained to the opinion that the decision was taken prematurely, without a full understanding of all the facts, or that it was a deliberate declaration of sympathy for our Enemies, & discrimination in their favour, & against the Confederate States. In the absence of recognition of the Confederate States, by the Governments of Europe, their consuls, within our limits have been tolerated, from comity, and because long residence within our territory, and aquaintance with our institutions, and, in m many instances - like the one under review - endeared to our people; and, well knowing the justice of our holy cause, it was believed that, if not consistent with their official position, to render any active service to the Confederate States, they could - &, probably, might forward truthful & impartial information to their own Governments, as to the progress of events within our limits. [silcrow] In the case of Mr Magie, the State of Alabama has a personal interest, & his removal, under the circumstances stated, she feels to be a personal grievance. His long residence in Mobile - his able, & faithful administration of his office, & his high bearing as a Gentleman, rendered his continued abode in the State most agreeable to our people; & now, that he is removed for the reason, that he assumed the agency for the transfer of money for the citizens of his own Country, due to them by the State of Alabama, & which the State, in good faith ^(has provided to meet the debt)^ and which agency was discharged without the violation of any assumed neutrality of his own Government. I have concluded that it becomes my duty to give you official notice of the fact, that this removal for the reason - & upon the ground alleged, was not required by international Law, & that I can regard it in no other light than an unjust discrimination in favour of our enemies. And entertaining this opinion, I herein, enter my solemn protest against the further permission or license, by the Confederate Government, of any Consular authority by Agent or Representative, other than Mr Magie, within the limits of the State of Alabama, until that Government shall have formally acknowledged the separate independence of the Confederate States of America. [silcrow] With high considerations of regard, I have the honor to be Resp'y, Y'r Ob't Ser't. (Signed) Jno Gill Shorter, Govr of the State of Ala

Executive Department; Montgomery, Ala. March 30th 1863. James Magie, Esqr Mobile. Sir; I beg, in this form, to express to you, my surprize and regret, at the action of the British Government, in removing you from the Consular Office, at the Port of Mobile. This action of your Government has been the occasion for an official letter, addressed by me to the Hon. J. P. Benjamin, Secretary of State, a copy of which I, herewith enclose.

This communication will be delivered to you, by Col. P. Hamilton, My special Aid-de-Camp in the City of Mobile

With high considerations of regard, I have the honor to be, Respectfully, Your ob't Ser't (Signed) Jno Gill Shorter, Gov. of the State of Ala -

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357 Executive Department; Montgomery, Ala. March 30th 1863 P. Hamilton, Esqr Mobile. Sir; I, duly, received your interesting letter of 28th inst. in relation to the removal of Jas Magie, Esqr her Britannick Majesty's Vice Consul at Mobile. This action of the British Government, is, in my opinion, anomalous, & deeply to be regretted. I have made it the occasion for an official communication to our Secretary of State, at Richmond, a copy of which, I herewith enclose you I have, also, this day, written a letter to Mr Magee, and furnished him, likewise, a copy of the communication, forwarded to the Secretary of State. A copy of my letter to Mr Magie, I also, enclose to you. Resp'y, Y'r ob'r Ser't. (Signed) Jno Gill Shorter. P. S. On reflection, I have deemed it most proper to deliver it to him in person. J. G. S.

Executive Department; Montgomery, Ala. March 30th 1863 Geo. K. Clopper, Esqr Courtland, Ala. Sir; I have, to-day, rec'd & approved your Bond, as Salt-Agent of the State at Courtland, and am, also, in rec't of your letter of 24th inst. [silcrow] On all Salt sold by you (except that turnedover to the County Commissioners, under the instructions given through Gen. D. C. Green, in lieu of amount due from Contracts of lease of Salt-lands) you will add the cost of hauling & other expenses, to the original cost. The expense of R. Road transportation will be paid, in whole - or in part, by the Agents in Virginia & Tennessee, but, of that you will be notified, but, whether paid by you or by them, the amount must be added to the original cost. & So, charged to the consumer who purchases from you. This Agency will not protect you from Conscription, but I enclose you a certificate of Agency. Very Resp'y, Yrs. (Signed) Jno Gill Shorter. Govr of Ala.

Executive Department; Montgomery, Ala. March 30th 1863. P. Hamilton, Esqr Chn Comm. Mobile. Sir; I am in rec't of your favr of the 25th inst. enclosing a memorandum of a/c by the Treasurer of the Comm. of Safety, which is satisfactory. In my letter, in which you refer, I advised you of the Condition of our State-Treasury, & that we might not be able to meet sudden demands for heavy amounts to advance, in aid of the Engineer Department. It is the true financial policy of the State to increase its interest-bearing debt as little as possible. I have sold $. 1.500.000 of 6 pct bonds, and with the issue of State change-Bills, now going on, Believe can go thorough the Year, without further loans. These, I wish to avoid, if possible. None of our defensive works, or military necessities, however, must be delayed or neglected, for want of means, You must bear in mind, the $. 2.000.000 appropriation for Soliders' families - $. 1.000.000 of which, we have already provided, & disbursed, besides other large sums appropriated to various objects. You may rest assured that I will stand by you, & assist you, to the utmost of my ability. In the mean time, would it not be well to telegraph your Representative at Richmond, to hurry-up the appropriations for the Engineer department. They need a little jogging at Richmond. Allow me to add, that having heretofore made large advances to the Confederate authorities, I know something of the difficulties and delays attending to the re-imbursents. Respectfully, Your ob't Ser't (Signed) Jno Gill Shorter - Govr of Ala

Executive Department; Montgomery, Ala. March 30th 1863. Col. A. B. Moore, Aid-de-Camp, Choctaw-Bluff Sir; Brig Gen. D. Leadbetter, Chief of the Engineer Department, at Mobile, having requested me to turn over, to his Department, the whole subject of Riverobstructions, which proposition is approved by me. You will turn-over & deliver to his order, all the materials collected by the State-Authorities for the works in question. Respectfully, Your ob't Ser't (Signed) Jno Gill Shorter. Govr of Alabama.

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358 Executive Department; Montgomery, Ala. March 30th 1863. Col. A. B. Moore, Aid-de-Camp, Choctaw Bluff, Sir; Herewith, I hand you copies of Telegraphic correspondence had, by me, with the Secretary of War, & Col. Gilmer, Chief of Engineer Bureau, at Richmond, in relation to the work of obstructing the Alabama River. I also hand you copy of a letter, addressed to me, by Brig. Gen. Leadbetter Chief of Engineer Dep't at Mobile, under date of 28th inst. proposing that the State Authorities should turn-over to his department, all the materials collected for river-obstruction, &, in such event, giving assurance, that the Engineer Department would do whatever it could to accomplish the object we have in view. I hand you also a copy of my reply to Gen. Leadbetter, of this date, accepting his proposal, & a copy of the order furnished him, upon you, to turn-over, to his Department, all the materials collected by the State, for the works in question. This Correspondence, together with communications, which you have heretofore seen, will fully advise you of the views of this Department, as to the ^further^ progress of the works for the defense of our Rivers. [silcrow] You are aware of the deep solicitude, which the State Authorities have felt - not only for the Safety of Mobile, but for the construction of such defensive works upon the Alabama & Tombigbee Rivers, as would serve, effectually, to check the advance of the Enemy to the interior of the State. The duty was devolved upon the Military Authorities of the Confederacy, to provide these defensive works, But, owing to the want of an adequate Engineer force, the works were greatly delayed at Mobile, and, upon the rivers they undertook the erection of batteries for the Artillery, declining to assume the responsiblity of placing obstructions in the Rivers. This omission, on part of the Engineer Department, devolved, upon the State Authorities, that duty, & you are well-aware of the difficulties which have attended the undertaking. Notwithstanding these, we have, with all possible energy, prosecuted the work, until the Engineer Department, after receiving an addition force, has proposed to relieve the State Authorities from all further responsibility. In view of the great diversity of opinion as to the most feasible plans, & the heavy responsibility involved in making a selection, & in consideration of the higher skill, which, in candor & justice must be conceded to Engineer officers of the Army. I feel, that, in now turning-over the whole matter to the Engineer-Department, I am pursuing the best course for the welfare of the State. It is proper to add, in this connection, that, under this arrangement, the works on the batteries - & other flanking land-defenses, & the works for the river obstructions, will, in all probability, proceed with more system & harmony, & when fully completed - if occasion should require their use, will prove more available under the management & direction of the Military Authorities, by whom they were each & all constructed. You will observe that Gen. Leadbetter requests that we turn-over to him "all the materials which we have collected for the works," & my order upon you is limited, accordingly. In a like request made upon me, & under which I turnedover the works on the Tombigbee-river, Genl Leadbetter desired the State to continue to furnish the labor for their completion. This matter is not mentioned in his letter of the 28th instant, and I assume that, in this instance, also, he expects the State to furnish the labor necessary to accomplish whatever plan of obstructions he may adopt, and I will cheerfully co-operate with him, in that respect. For the advancement of this purpose, I have to advise, that your continuance upon the rivers will be necessary, to give that general supervision to the Slaves & teams, & other property impressed by the State, which you have heretofore done with so much satisfaction, & advantage to the people. Whether the services of Capt. Pearson, & the Small Steamboat, under his command, will be longer needed, is referred to your decision. Should they not be required, you will return the Boat to her owners, with a certificate, Stating the time she had been employed by the State; and notify Capt. Pearson, that he can be relieved of further duty for the State.

I shall write to Capt. Farrand, by next mail, and advise him of the correspondence had with the Engineer-Department, & of the orders given - as herein communicated. Respectfully, Your ob't Ser't (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. March 30th 1863. Brig. Gen. D. Leadbetter, Chief of Engineer Department, Mobile. Sir; I have the pleasure to acknowledge rec't of your letter of 28th inst, in which you advise me, that you are authorized, by the Chief of the Engineer-department at Richmond, to say to me, that if I will turn-over, to your Department, the whole subject of River-obstructions

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360 Executive Department; Montgomery, Ala. March 31st 1863. His Exc'y Z. B. Vance, Govr of North Carolina, Raleigh Sir; The Quarter-Master of the University of Alabama has just returned from a trip through the Seaboard States, for the purpose of purchasing stores for the Corps of Cadets, without success, in procuring Cloths for uniforms. [silcrow.] Understanding from him, that the Factories in your State are under Contract with - or control of the State-Authorities, I respectfully request that, if consistent with previous arrange^me^nts - or the necessities of your own supply you would grant permission to Col. L. C. Garland, Superintendent of the AlabamaUniversity Corps of Cadets, to contract with the "Mountain-Island Factory," to manufacture twelve-hundred (1200) Yards of grey Cassimere, for Cadet-Uniforms. [silcrow.] I know of no Factory - nearer than your own State, where such goods are manufactured, and your compliance will be esteemed as a favor to the State of Alabama, to be reciprocated, when opportunity may offer, by Your obedient Servant, (Signed) Jno Gill Shorter.

Executive Department; Montgomery, Ala. March 31st, 1863. Capt. E. Farand, Selma, Ala. Sir, In enclose you, herein, copy of a letter, received by me, under date of the 28th inst., from Brig. Gen. D. Leadbetter, chief of Engineer-Department, at Mobile, and, also, a copy of my reply thereto, under dats of 30th inst, To which I invite your attention. [silcrow.] The EngineerDepartment has, at last - you will see - proposed to take upon itself, the duty, & responsibility of our river-defenses, as well in providing obstructions in the waters, as batteries upon the banks. You are not unadvised of the deep anxieties, upon these subjects, felt by the State authorities, & the many obstacles, with which we have been forced to contend, in reaching the advanced point, already attained. The frankness & cordiality with which you have responded to my applications, to lend the State the benefit of your Experience & skill, have invited, from this Department, the utmost freedom of intercourse, &, in this way, you have known, & sympathized with us, in all our undertakings for the defense of the State. [silcrow.] We have, likewise, known, & sympathized with you in the many dis-appointments and Trials which you have had to encounter, as well as in certain collisions of opinion - Sometimes, delicate in their nature, which must have been, more-or-less, disagreeable to you. In view of the fact, that the duty of constructing these works, of right, is devolved upon the Engineers of the Military Department, & to relieve the State Authorities of the further responsibility of their construction, under circumstances so embarrassing, I have accepted the proposal of Gen. Leadbetter, & directed that the whole matter, with all the materials collected for the works, be turned over to him. In pursuing this course, I have the satisfaction to believe, that it will be agreeable to you, to be relieved from further labors, & complications, in an undertaking which has proved to be so annoying to you, & so slow in progress, & so difficult of achievement. [silcrow.] I beg to assure you of the gratification afforded me by your disinterested & unselfish patriotism, & of the deep sense of obligation, under which you have placed me, by your zealous assistance, in an hour of so much peril to our beloved State. With high considerations of regard, I am, Sir, Respectfully, Y'r ob't Ser't. (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. April 1st, 1863. To the several steamboats, navigating the Ala. & Tombigbee rivers, & the R. Road companies in the State of Alabama. [silcrow.] A "Supply-Association" having been formed at Selma, Ala. having, for its object, the furnishing destitute families of Dallas - & other adjoining Counties, with articles of food, gratuitiously, and at moderate prices, as their several circumstances may suggest to be prudent & proper, Col Wm. M. Byrd being the Chairman of the Executive Comm. of Said association, I do, hereby, respectfully, that you grant to said association, prompt transportation, at reasonable rates, for the articles of food, purchased - & distributed by it, in order that its benevolent intentions may be fully carried-out, & the wants of the destitute relieved. [silcrow.] And I respectfully commend the association to your good offices, to further, as may be in your power, its work of charity. (Signed) Jno Gill Shorter.

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361 Executive Department; Montgomery, Ala. April 1st, 1863. Col. W. M. Byrd, Selma. Sir; I am in rec;'t of your letter of the 28th Ult., advising me of the organization and plans of the "Supply-Association" at Selma of which you are chairman, & asking my assistance to procure transportation for the Co. to sell the Co. a monthly supply of one hundred Sacks of Salt, from the State-Salt-Works. In reply, I have to inform you, that I heartily approve the objects of the association, & that it will afford me sincere pleasure to aid in their accomplishment, by any means at my Command. There is no power or authority conferred on me over the R. Roads & Steamboats, except to impress their use, when needed for the public defense. So far as accommodation to your enterprize is concerned, I will not doubt that all agents of transportation will readily serve the association, in forwarding their freights - promptly, & at reasonable rates. Entertaining this belief, I enclose you an official note, addressed to them, urging & requesting them to do so. [silcrow.] I enclose you copies of the "Salt-Acts" passed by the Legislature, at its last session, directing the mode of Salt-distribution, from which you will see, that I have not the discretion to furnish the Salt to the association, as requested. The distribution of the State-Salt, under the acts, has been devolved upon Gen. D. C. Green, Qr-Mr-Genl of the State at Mobile. Resp'y, Y'r ob't Ser't. (Signed) Jno Gill Shorter.

Executive Department; Montgomery, Ala. April 2d 1863. Gen. Duff C. Green, Qr-Mr-Gen. Mobile. Sir; I have rec'd a letter from Mr Winbourne, enquiring as to construction of Salt-Contract, with Col. Jos H. Bradford, as to liability of the State, previous to demand by the Agent. The option is with the State as to the demand & receipt, & the Salt is at the risk of the Contractors until the State makes its demand, & the Contractors tender, under that demand. You will please notify Mr Winbourne of this Construction. Very Resp'y, (Signed) Jno Gill Shorter.

Executive Department; Montgomery, Ala. April 4th, 1863. Brig. Gen. D. Leadbetter, Chief of the Engineer-department, Mobile. Sir, I have the pleasure to acknowledge rec't of your favor of 2'd April, & in reply, beg beg to inform you, that I will remit $. 50.000, on Tuesday, next, by Express Co. to the Committee of Safety, in Mobile, &, before the close of next week, $. 50.000 - additional, which they will advance, if needed, in aid of your Department. It is gratifying to me that the State has been able to accommodate the Engineer Department, in this respect, &, assuring you of my disposition to co-operate with, & aid, your Patriotic labors in every way in my power, I am, Respectfully, Your ob't Ser't (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. April 4th, 1863. P. Hamilton, Esqr Chaiorman, Exe Comm. Mobile; Sir; In enclose you copy of a letter written by me, to-day, to Brig. Gen. D. Leadbetter, in reply to a communication from him, under date of the 2d inst. In his letter - after explaining the embarrassments of his Department, for want of Funds, & expressing his obligations for the advances made by the State, he says "under these circumstances, I feel compelled to ask, of your Excellency, a further Temporary loan of $. 50.000, or $. 100.000, with the assurance that it shall be promptly repaid, the moment funds, for Engineer Service, shall become available."

Remittances, as stated, in my letter to Gen. Leadbetter, will be made next week, by express, in State-change-Bills, which, I presume, will be very acceptable in your City. The largest amount will be send in $. 1~ bills, & your Treasurer can distribute them for the accommodation of the City. The Express charges will be paid by your Treasurer - on receipt of the funds, & Entered in his account. Respectfully, Yours, (Signed) Jno Gill Shorter. Govr of Ala.

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362 Executive Department; Montgomery, Ala. April 4th, 1863 Gen. H. W. Mercer, Comm'd'g, Savannah, Geo. Sir; I, respectfully ask your consideration of the enclosed letter from Dickson, Nelson, & Co. Contractors for the manufacture of arms for the State of Alabama, in relation to the conscription & enrollment, for duty, in Co. D. 29th, Geo. Regiment - of James H. Wright. [silcrow] These gentlemen have a large contract with this State for the manufacture of Mississippi rifles; & certain workmen designated by them, were detailed for duty with them, upon a special application fr^om^ this department. [silcrow.] As competent - & skilled Workmen are difficult to obtain - I trust to your courtesy & sense of justice, to cause Mr Wright to be returned to his employment, under the detail made, heretofore, by the order of the War-Department. Very Resp'y, Y'r ob't Ser't, (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. April 4th, 1863 N. H. Brown, Esqr Solicitor of 3d Judicial Circuit, Tuscaloosa, Ala. Sir; I, respectfully, refer to you, for immediate action, the letter of Maj W. T. Walthall commanding Camp of instruction, at Talladega, a copy of which is enclosed. [silcrow] I am informed by Maj. W. that the offence of Murder, for which Mr Shanklin, is under arrest, was commited in Tuscaloosa Co. &, as it was, at first, supposed to be cognizable by the Military Authorities, he was turned-over to their custody. The Secretary of War has decided that it is a case for trial by the State-Courts, & orders his release, unless he is demanded for State-Trial. Under these orders, Maj. Walthall has detained him, to await the action of the Circuit-Court of Tuscaloosa Co. [silcrow.] If a bill has been found, you will have the proper order forwarded, for his removal from Talladega to Tuscaloosa; & if there is no bill, please take such steps - by complaint & warrant or otherwise, as may secure his proper detention, or his release, & advise Maj Walthall, accordingly. Very Resp'y, (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. April 4th, 1863. Maj. W. T. Walthall, Comm'g &C. Talladega, Ala. Sir; I have rec'd your communication, in relation to the case of William Shanklin under arrest for murder at Talladega; & have referred the same to the Solicitor of the 3'd Circuit, for his immediate action. The delay in this matter, on part of the Judicial Authorities, is a matter of Surprize & regret; but I trust there will be no farther delay. Very Resp'y, (Signed) Jno Gill Shorter. [left margin] indexd to here Ap; 4th 1863

Executive Department; Montgomery, Ala. April 4th, 1863 Maj. Jno B. Appling, Franklin, Ala. Sir; Your lot of meat, was, this day, rec'd; & the Quarter-Master, finding a portion damaged, under my direction, called a Survey of Grocery-Merchants of this City, who report as follows. [silcrow.] "We, the undersigned, were called-in to examine a lot of Bacon, by Col. W. R. Pickett - said bacon was said to belong to Jno B. Appling - & we find it damaged to the extent of 14 pct. (Signed) Berry Tatum, - B. M. Ellberry, - & G. S. Scovell.

Capt. James McCrae, being present in the City, I requested him to be present, at the Survey, that he might give you an account of the Survey, & the condition of the meat; he kindly consented, & was present, [silcrow.] On re-weighing here, the amount short is one hundred & Seventy Seven lbs. [silcrow.] According to the report of the Quarter-Master, & Capt. McCrae, the damage appears to be confined to one lot of small meat. [silcrow.] Under these circumstances, I await your directions, whether to take the sound meat - for the State, under the Contract, & sell the damaged on your account, or to place the whole lot in the hands of one of our Commission-Merchants, and obtain the best price for the whole, for your benefit. I am satisfied that the condition of the meat is not from your fault, but, that, in purchasing, you have got, in the lot, some that was imperfectly cured.

Please advise me without delay. Resp'y, Yours, (Signed) Jno Gill Shorter.

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363 Executive Department; Montgomery, Ala. April 6th, 1863. D. Wheeler, Esqr Treasurer of the Comm. of Safety, Mobile. Sir; As advised in a letter to P. Hamilton, Esqr Chairman of Executive Comm. I forward, by Express Co, to you, Fifty thousand dollars, in State-Change bills. It would be out of the power of the Treasurer to remit, at once, in any other funds; and, from the demand, here, for change bills, I have thought it would probably suit the Convenience of your people, & facilitiate the payments for labor, to have this amount deposited at Mobile. By depositing the sum in your Banks - subject to your order, they could make the Exchanges with their Customers, & citizens who needed Small Bills, & pay you in such amounts as the necessities of the works might require. You will pay the Express charges, & enter the Same in your a/c Another remittance of the same amount, will be made towards the last of this week. Please acknowledge rec't to this Department, for filing with the Treasurer. Very Resp'y, Y'rs (Signed) Jno Gill Shorter.

Executive Department; Montgomery, Ala. April 6th, 1863. Col. L. C. Garland, Superintendent Corps of Cadets, University of Alabama. Sir, Revd C. F. Sturges, of Carlowville, Dallas Co. Ala. desires to enter his youngest son, at the University, He has two sons - now - in the Confederate Service. The status of Mr Sturges, & his claims upon our indulgence, justify me, in my opinion, in making his application an exceptional one. You will therefore, receive his son into the Corps, & assign him a furlough, until the commencement of the next term as your discretion, & the good of the Corps may determine to be most expedient. Resp'y, Y'r ob't Ser't. (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department; Montgomery, Ala. April 6th, 1863. Revd C. F. Sturges, Carlowville, My dear Sir; I am, to day, in rect of your favor of 2d inst. Dr Garland addressed me upon the expediency of issuing Commissions to Cadets, for the Corps to be organized in July. After considering the proposition, I wrote Dr Garland, that I deemed it most expedient to adhere to the former regulations on the subject. [silcrow.] There is no post in the State Service, to which I could assign your Son now. Under these circumstances, I see no way open to gratify your natural desire, but to make your Son's case an exceptional one. The facts stated in your letter, in connection with your Status, furnish sufficient justification, in my own mind, for such an order, & I enclose one, herein, appropriate to his case. Very Resp'y, & truly, Y'rs (Signed) Jno Gill Shorter.

Executive Department; Montgomery, Ala. April 6th, 1863. Col. Charles Ketchum, Mobile, Sir; The case of private Sidney Hadley, of Capt. Ben Lane Posey's Co. of your Regiment has been represented to me, as possessing some extenuating circumstances, to which, it may be proper for me to call your attention, with a view to the exercise of such clemency, as it may be in your power to use. He enlisted, as I learn under the age of eighteen years - not having yet, reached that age - without the consent of his mother, who is now, a resident of this city, in indigent circumstances, & unable to make a sufficient support for herself & her little children; her husband, the step-father of her children, being a charge upon her, in consequence of having lost an arm, in the Confederate Service, at Columbus, Kentucky, & she feeling the want of the labors of her Son, to assist in the support of her family. I know that there is no justification for desertion, but, under the circumstances of his enlistment, & the distressed condition of his mother; I trust that all that is desirable may be attained, & still severity of punishment avoided. Very Respectfully, Your obedient Servant, (Signed) Jno Gill Shorter. Govr of Ala.

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364 Executive Department Montgomery, Ala. April 7th 1863 His Excely. Z. Vance, Governor of N Carolina, Raleigh Sir: I have the honour to acknowledge the rect of your favor of 3d. inst. &, in reply wd. State that previous to the Session of 1862, Justices of the Peace, were, by the Military Code of Alabama, excempt from Militia duty, but, by an act, approved Decr. 5th 1862, they were declared "Subject to Militia-service, unless - physically - or mentally - disqualified for such Services". Since the approval of this Act, Justices of the Peace, in the State of Alabama, have been enrolled for Confederate Service, when within the Conscript ages. Very Respy Your Obt Sert (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department Montgomery, Ala. April 7th 1863 His Excely M. L. Bonham, Govr of So. Carolina, Columbia Sir: Mr M.W. Garrison, of this City, Some months Since, in view of the wants of this Section forwarded, to Virginia & N. Carolina, a lot of Sugar which he exchanged there for wheat & had the same manufactured into flour. After many delays, he procured transportation for from 98 to 100 barrels which, under authority of the laws of your State, was Stopped, in transitu, at Charlotte junction. Mr Garrison, at the Commencement of the War, was in a prosperous business, in the City of New York, which he abandoned for a Southern home; &, since that time, has pursued his regular occupation of Merchant and dealer, in this city, avoiding - so far as I am able to ascertain - speculation & forestalling, & placing his goods upon the Market at regular market prices. As the goods were in transitu - the result of a fair exchange of the necessaries of life - & intended for a market deficient in a Supply of flour, I trust it may be in your power, to order their release. They are now, in charge of Mr L. Simpon, at Columbia. Respy Yr Obt sert (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department Montgomery, Ala. April 8th 1863 His Excellency Z. B. Vance, Governor of N. Carolina, Raleigh Sir: I have the honor to acknowledge the rect of your letter, of the 4th inst. declining to give an order for cloth to be manufactured, in your State, for uniforms for Cadets of the University, & freely, admit the propriety of your decision, in view of the important object to be attained, in clothing the troops of N. Carolina Very Resy, Yr Obt Sert (Signed) Jno Gill Shorter, Govr of Ala.

Executive Department Montgomery, Ala. April 8th 1864 Gen. D. C. Greene, Qr. Mr Gen, Mobile. Sir: In reply to your letter of 6th inst, I have to say, that, upon the report made by GenGoldthwaite, on his return from Mobile Some Weeks Since, and my own observation & reflection, my mind was inclining to adopt the course suggested in your letter. The facts, now Stated by you, remove all doubts as to the propriety of it; and the interests of the State will, I am persuaded, justify it. You will, therefore, retain Workmen, Sufficient to complete the unfinished work on hand, & then close-up your Machine Shops. The arms, which will be available for use, have packed properly & Stored Securely.

I think it probable, that it will be best to Sell the machinery tools &c to the best advantage. This matter, however, I submit to your discretion, though I recommend a Sale. The Contract for a thousand gun-barrels I hope you may rescind. Adjust that matter as best you can. The Contracts which I made last year for arms, have not yet furnished any. But I expect deliveries to begin in a few weeks. These Sources will, probably Supply all we may require. Reduce all expenses of your department as much as possible. Respectfully, Yours, (Signed) Jno Gill Shorter

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361 Executive Department Montgomery, Ala. April 8th 1863 Capt. J.A. Winbourne, A.Q.M. Care of Duff Green, & Co. Vicksburg, Miss. Sir: I am, to day, in receipt of your letter of 6th inst. for which am obliged. I recd on the 2d inst. your dispatch from Vicksburg, in these words "Can make no monied arrangements here - think it doubtful at Jackson. If I fail, what shall I do? Answer at Jackson." I answered, by telegraph, to Jackson, on the 3d in these words, "Did Gen. Green furnish you with a letter of credit from Bank of Mobile? & will it not be available? Answer and wait at Jackson, for further orders." Your failure to return to Jackson explains why I had not heard from you until the receipt of the letter now before me. There is no objection to your Sojourn at Vicksburg, with the 30th Alabama Regiment, as reported by you, & your suggestions - as to your plans - are approved. You will reply, however, by letter, to the questions in the above dispatch, sent to you at Jackson. [E.] I met with Mr Street, one of the partners of Col. Bradford, the other day, just through from New Iberia; and he is quite hopeful. The Co. had raised 300,000 lbs salt, and are trying to get it through. I hope they may be sucessful. [E.] I agree with you that a change must occur in our Military Status, before long, & trust that the God of Battles will give us the Victory. [E.] Let me hear from you again, Soon, &, while in the proximity of the Enemy, give me any information, of interest, you may obtain. Respy, Your obt Sert (Signed) Jno Gill Shorter

Executive Department Montgomery, Ala. April 9th 1863 Col. P. Hamilton, aid de Camp, Mobile. Sir: I enclose you, herein, a copy of a letter, just received from the Hon. J.P. Benjamin, Secreta ry of State, in reply to my communication to him of the 28th inst. in relation to the removal, by the Brit ish Government, of Mr Magie, from the Consular Office, at Mobile. You will observe, that he asks to be furnish ed with evidence, in an authentic form containing the facts stated, by Col. Forsyth, in his article in the Mobile Advertiser & Register; & which, in my letter to Mr Benjamin, were assumed to be true. I hope it may be in your power to obtain the certificates, or proofs of these facts, & forward them to me. [E]. I have heard that the French Consul, in Mobile, is now performing the duty of Consular Agent for Great Britain. Information on this matter also, is desired, with any particulars which you may be able to communicate. Respy, Yr Obt Sert (Signed) Jno Gill Shorter

N.B. I leave to-morrow - for Eufaula, & my Plantation on the Chattahoocee, to be absent Some ten-or twelve days. Gen. Goldthwaite will attend to the office, in my abscence. J.G.S.

Executive Department Montgomery, Ala. April 9th 1863 Col. Jno J. Morgan, Commandant of Conscripts for Alabama. Head-quarters, Talladega, Ala. Sir; I respectfully, refer to your consideration, the enclosed application, (in duplicate) for detail of Dudley D. Merrill, Now in Provost-guard, at Selma, under orders of Maj. Chambliss. [E]. I need not urge upon you the importance of the Manufacture - for which this detail is requested to the people & soldiers of Alabama. [E]. This establishment has been set in operation, by the State, it own ing one half interest: and we expect to have, in operation, by the 1st of July, six machines, with a capacity of 1000 pair per week, making our own wire from Alabama - iron. The great Scarcity of competent mechanics, induces me to ask this detail. Respectfully, (signed) Jno Gill Shorter

Executive Department Montgomery, Ala, April 9th, 1863 Col. John T. Morgan, Commandant of Conscripts for Alabama, Head-quarters, Talladega, Ala Sir: Your letter, of the 3d inst, is recd, for which I am obliged. Differing with you in opinion upon the liability of "County Superintentdents of Education" to enrollment, under the Conscript Act, I have addressed a letter on the Subject, to the Secy of War. And as the views presented may not have occurred to you, I have deemed it proper to Submit the letter to your examination, before Sending it - on to Richmond. If, upon a reconsideration, you agree with me in my construction of the Conscript act, you need not, necessarily, forward the letter to the Secretary of War, as you have the discretion to Suspend the enrollment of the State Officers emumerated by Me. Should you adhere to your decision, then, you will please forward the letter. Respy Your obt Sert (Signed) Jno Gill Shorter Govr of Ala.

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366 Executive Department; Mountgomery, Ala. April 9th. 1863. Hon. James A. Seddon, Secretary of War, Richmond. Sir; I herewith, hand you a copy of a letter, this day received from Col. Jno T. Morgan, Commandant of conconscripts, in the state of Alabama. By this letter is presented the question, whether the "County Superintendents of Education" are liable to enrollment, as conscripts. Col. Morgan thinks they are. I differ with him in opinion, & refer the question for your examination. It is an important question, as its decision will, materially, affect the Stateadministration, & fix the status of a large number of officers, engaged in the civil department of the State Government. The Military Code of Alabama was revised, & re-adopted in 1851. It was adopted as a peace establishment, as at that time, no expectation nor apprehension of war was entertained; & Shd therefore, be regarded as an internal provision, purely; & no construction should be placed upon it, which cannot be, fairly, said to be within the purpose or intention of the State-Legislature which adopted it. I enclose you an extract from the code, which contains all the provisions in it applicable to the question under consideration. You will see that "the Militia of the State of the State of Alabama shall consist of each & every free, able-bodied, White male citizen, resident therein, who is, or Shall be of the age of eighteen years, & under the age of forty-five years, "except those hereinafter named". The 2d Sec of the 2d chapt. enumerates the exceptions-or exemptions. Congress, in the Conscript-act, has exempted the Legislative, Judicial & Executive officers of the States, "except such State-officers as are - or may be declared liable to Militia duty." Now, as "County Superintendents of Education" are Miliita-men, under the Military Code of Alabama, & are, by that Code, not exempted from Militia duty in the State, it is, plausibly, urged that they are liable to enrollment under the Conscript law. If they are, then all the following-named officers of the State are liable to enrollment, to-wit; The Secretary of State, The Comptroller of public accounts, State Treasurer, Attorney-General, Solicitors of all the Judicial Circuits, Reporter, & Marshall of the Supreme Court, County-Sheriffs, Jailors, & Coroners, County-Surveyors, Tax-assessors & collectors, members of the State Legislature, Registers, & receivers of the Land-office, & the State Superintendent of Education. You will find none of these officers enumerated in the list of Exemptions. You will agree with me, I think that to take all these officers away from the State, & put them in the Army, would be, virtually, to break-up & destroy the Stateorganization, & you will, further, agree with me, I doubt not, without controversy, that Congress possesses no power to do such a thing, &, that in passing the Conscript act, did not intend to accomplish such a result. The error, into which Col. Morgan has fallen, I suppose, is in assuming that the ^provisions in the^ Military Code to be a Legislative declaration that these state-officers are liable to Militia duty, within the meaning & intent of the Conscript-Act. Congress has no power to encroach upon State-organization, &, therefore, discreetly disclaimed it by an express exemption of all the Legislative, Judicial, & Executive officers of the States. But, inasmuch-as some of these officers might not, in the judgement of the States, be needed at home, and as they might be voluntarily surrendered for the Common Military defense, Congress excepted from the class of exemptions, such State-Officers, as the States themselves should declare amenable to military duty. This declaration could be made only by the Legislatures of the States affirming the liability of the particular officers - ex nomine. The general provision in the Military Code of Alabama, adopted - long years ago, & with exclusive reference to her own internal convenience, which embraces, as a Militia-man, every white male citizen except certain State officers, therein mentioned, ought not and cannot fairly, now be held to a be a Legislative declaration, such as Congress contemplated. That all the State-officers, not enumerated should be liable to Military service in the armies of the Confederacy. In 1851, when this Code was adopted, there were no such officers, as State - & County Superintendents of Education, nor State-Commissioner, nor Registers nor Receivers of the Land-offices. These offices have been created by subsequent legislation. As to them there has been no Legislative declaration, in any shape or form. In this connection, I will remind you that the Legislature of Alabama, at its last Session, removed the exemption in the Military Code, in favor of "Justice of the Peace," and, by an affirmative act, declared them liable to Militia duty. I enclose you, herein, a copy of the Act. You will see that it, also, embraces other State-officers; to-wit, Constables, & Notaries public. If you will now refer to the Military Code of the State, you will see that neither construction be correct, these officers were already liable to conscription, & no further State-Legislation was required to authorize their enrollment. [many stricken words] Such, however, was not the view entertained by the Legislature. & to authorize their enrollment as Conscripts, under the Act of Congress, they deemed it necessary to declare their liability to Militia duty, by an affirmative Legislative act, enumerating the officers. [silcrow] The word "declared" in the Conscript-Act, has a signification, which must be ascertained, by reference to the powers of Congress & the rights of the States.

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