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        <title><emph>State of the Country.  </emph><emph>Speech of Hon. A. G. Brown, of Mississippi, 
<hi>In the Confederate Senate, December</hi> 24, 1863:</emph>
Electronic Edition.</title>
        <author>Brown, Albert  Gallatin, 1813-1880</author>
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      <div1 type="speech">
        <pb id="brown1" n="1"/>
        <head>STATE OF THE COUNTRY.</head>
        <head>SPEECH
<lb/>
OF
<lb/>
HON. A. G. BROWN,
<lb/>
OF MISSISSIPPI,
<lb/>
<hi rend="italics">In the Confederate Senate, December</hi> 24, 1863.</head>
        <p>Mr. BROWN said:</p>
        <p>Mr. President—The Senate need be under no apprehension that I
am going to weary its patience or consume its valuable time in debating 
irrelevant matters. The time has come when we should think
earnestly, speak briefly, and act promptly. I hope it is not vanity that
prompts me at this hour to break my accustomed silence. If I did not think, at
least, that I have views to express worthy of the attention of the Senate I
would not ask its indulgence.</p>
        <p>The two great demands which the States and the people make of their
representatives <sic corr="to-day">to day</sic> are, to strengthen the army and improve the
currency. If these things be done, and done speedily, victory will take the
place of defeat, and our banners, now trailing in the dust on many fields, will
everywhere float in triumph, and our armies, no longer receding to the
centre, will, with the coming spring, begin to swell and expand towards the
circumference, and before the summer is begun they will drive the invaders
from our green fields back to the icy regions from which they come.</p>
        <p>Shall the Confederacy stand or shall it fall? That is the question which to-
day, more potentially than at any former period of our brief history, urges
itself upon our attention, and in thunder tones demands our consideration.
If it stands, the brightest hopes of <sic corr="enthusiastic">enthusiatic</sic> patriots will be speedily
realised. If it falls, all their glorious anticipations will fall with it. If it stands, it
will be a perpetual memorial to the names and deeds of the heroic dead, who
have died it its defence. If it falls, it will live in history only to tell that they
and all of us were traitors, and deserved our doom.</p>
        <pb id="brown2" n="2"/>
        <p>To say, Mr. President, that no doubt had ever floated over my mind—
that no cloud had ever floate<gap reason="damaged page" extent="8 characters"/>t my mental vision—would be to speak
uncandidly. The victorious arms of our enemies have not <sic corr="appalled">appaled</sic> me. Their
triumphant march, almost to the centre of our Confederacy, has not chilled
my hopes nor caused me to despair of ultimate success. But when I look
abroad over the land, and see the thousands and tens of thousands who
have given up <sic corr="their">thelr</sic> souls to mammon, and in their eager race for money,
have forgotten their country, and left it to its fate; when I see everywhere
able-bodied men, capable of hearing arms, notoriously shirking duty;
when I see fathers and mothers, and other kin eagerly hunting places outside
of the army lines for their sons and sons-in-law, their nephews and pets; when
I see abuses everywhere—abuses under which the army is melting away,
and the currency is becoming worthless, I confess, Mr. President, the gloomy
shades of despondency settle about my heart. But when I mingle among the people,
and witness their inflexible determination to demand and have reform in all
these particulars; when I witness on every side so many evidences of devotion to
the cause and heroic determination to stand by it to
the last, and when to these I add the pleasing hope that Congress is about
to do its duty, and its whole duty, without fear, favor or affection,
despondency gives way to glorious anticipations, and I see the young
Confederacy emerging from the <sic corr="gory">goary</sic> field of battle, bearing aloft the
triumphant banner of peace and independence, and about to take her place
among the nationalities of the earth.</p>
        <p>If I were asked, Mr. President, what the country most needs in this hour
of peril, I would say patriotism; an all pervading and universal
patriotism; not the babbling, noisy patriotism, that prates of what it is
about to do or has done, but the earnest, heartfelt, quiet, but bounding,
patriotism that does all things and dares all things, and <sic corr="wholly">wholy</sic> oblivious as
to self, lives only for the cause. Such patriotism will strengthen our army
and improve our currency. Will fill up the ranks, convert paper into gold, put shoes on
the feet of our soldiers and shirts on their backs. It will nerve the arms and
quiet the hearts of, husbands and fathers in the field, by feeding and
clothing their loved ones at home. Then, Mr. President, let us all,
high and low, rich and poor, from this day forth cultivate a more earnest and ardent
patriotism. </p>
        <p>But I must come to the consideration of the propositions embraced in the
resolution; that they may be fresh in the recollection of Senators, I ask that
they be read.</p>
        <p>The Secretary read as follows:</p>
        <q type="resolution" direct="unspecified">
          <p><hi rend="italics">Resolved,</hi> That in the present condition of the country, Congress ought, with the
least practicable delay to enact the following laws:</p>
          <p><hi rend="italics">First.</hi>—To declare every white male person residing in the Confederate States, and
capable of bearing arms, to be in the military service of the country.</p>
          <p><hi rend="italics">Second.</hi>—To repeal all laws authorizing substitutes or granting exemptions.</p>
          <p><hi rend="italics">Third.</hi>—To authorize the President to issue his proclamation requiring all male persons,
claiming and receiving foreign protection, to make their election, within sixty days, to
take up arms or quit the country.</p>
          <p><hi rend="italics">Fourth.</hi>—To detail from those in the military service such only as are absolutely
needed in civil pursuits, having reference, in making such details, to competency
alone.</p>
          <pb id="brown3" n="3"/>
          <p>Fifth.—To make provision for feeding, and clothing the destitute families of soldiers
in the field.</p>
          <p><hi rend="italics">Sixth.</hi>—To levy a direct, tax of        per cent. on all kinds of property, according to its value
in Confederate notes, including the notes themselves.</p>
          <p><hi>Seventh<corr sic="no period">.</corr></hi>—To make Confederate notes a legal tender in payment of debts after, the
expiration of six months. </p>
          <p><hi rend="italics">Ninth.</hi>—Declare these laws war measures, and make those who violate them,
amenable to the military courts alone.</p>
        </q>
        <p>Mr. BROWN, (resumed.) Doubtless, Mr. President, the thought has
crossed the mind of many Senators that these propositions trench close
upon, if they do not violate, the Constitution. If  I am proposing to
violate the Constitution, I do not deserve support, and if convinced of
my error I shall not desire it. Do the propositions violate the Constitution? If they
do they <sic corr="fail">fall</sic>, of course. I shall attempt, therefore, to settle them on a firm
constitutional basis before I proceed to consider their merits.</p>
        <p>I hold this to be true, that when the States, composing this Confederacy,
delegated to this central <sic corr="government">governmect</sic> the exclusive right and power to make
war, they necessarily gave with it all the rights and powers incidentally
necessary to make the war grant efficient and effective. It would be a
mockery to clothe Congress and the Executive with the power to make war, and
then so trammel them with constitutional chains and bands that they could
not conduct the war to a successful termination. I am very certain the framers
of the Constitution designed to do no such thing. They have not given us a
government that bears within itself the seeds of its own dissolution. A
government that must perish, while we hold in our hands the means of
saving it. To say that the men who made the Constitution have forbidden us
to use means that are necessary to its preservation is to charge these men
with making a government and requiring it to commit suicide.</p>
        <p>The country trembles in an almost even balance between triumph and
destruction. If something be not done, and done quickly, the scales will turn—
the country will fall, and the Constitution will fall with it. Is it at such a time
and with such surroundings that I am to be called on to ponder well the
phraseology of the Constitution, and remembering that I am a strict
constructionist, give to those words such interpretation as I would stand by
in times of peace. No, Mr. President, no; I would save the country first, and
settle constitutional constructions afterwards. This brings me to inquire whether
these measures that I have brought forward are necessary to save the
country, and with it the Constitution and the liberties of the people.</p>
        <p>My first and main position is that the army must be strengthened. To do
this I propose—</p>
        <p><hi rend="italics">First. </hi>“To declare every white male person residing in the Confederate
States and capable of bearing arms to be in the military
service of the country.” I suppose it will not be charged that there is
any violation of the Constitution in that. We have already declared,
<pb id="brown4" n="4"/>
by law, that all between the ages of eighteen and forty-five years are in the
military service.</p>
        <p>If we had the right to do that it will hardly be denied that we, may
go a step farther and include all others capable of bearing arms.
The justice and equality of such a law commend it warmly to my
favor. There may have been some violation of the spirit of the Constitution in calling
out men between eighteen and thirty-five and,
afterwards between eighteen and forty-five and leaving all others at
home. But if all are called, without reference to age, no one will
have just reason to complain. As all are equally interested, so all
are equally bound to lend a helping hand. The only question worth
considering, is the expediency of the proposed measure. Is it necessary 
strengthen our army? That it is, no one, I suppose, entertains a
doubt. That it must be strengthened by the addition of every available
man is one of those self-evident propositions that calls for no elucidation.
The mournful tales that come to us from every battle field
admonish us in terms stronger than words, that from the beginning
our armies have been too weak. From our first great success at
Manassas, down through a long list of magnificent victories, to the
great and glorious triumph of our arms at Chickamauga, we have had
the same sad story. Our arms were victorious, but when the conflict
was ended our men sunk upon the battle field, too much exhausted to
reap the fruits of their own <sic corr="success">succees</sic>. We have won rich and teeming
fields, but the harvests have been lost because the reapers were not
there; shall we learn nothing by experience? Shall we go on as we
have been doing, calling out a few men here and a few men there, dividing our
strength, and getting whipped in detail, or else concentrating
just enough to win a victory, but not enough to crush out and utterly
destroy the foe? If this is to be our policy in the future, as it seems
to me to have been in the past, then God save the country. For
myself, I wish a different course. I am for calling out all our
strength, collecting all our resources, massing and consolidating all
our power and hurling ourselves against our enemies like a mighty
avalanche. If this be done, I shall expect to see the invader driven
back, and his <sic corr="polluting">poluting</sic> foot prints brushed from our soil. If it be
not, I drop the curtain and refuse even a glimpse into the future.</p>
        <p>I am asked, Mr. President, if I mean to put, every body in the army, and
leave no one at home to attend to home pursuits. No sir, no, emphatically
no. I have contemplated no such folly as that. I know as well as you or any
one, that the army and people must be fed and clothed, and that, as a
consequence, large numbers of people must be left at home. But I will treat
of this when I come to consider, my <hi rend="italics">fourth</hi> proposition. For the present, I must follow my main idea that the army must be strengthened. This brings me to consider my
proposition<sic corr="punctuation"/></p>
        <p><hi rend="italics">Second. </hi>“To repeal all laws authorizing substitutes and granting
exemptions.”</p>
        <p>These laws have been the fruitful source of untold mischief to the army.
In practice, they have decimated the ranks, bestowed favors on thousands
and tens of thousands of the least meritorious, and
<pb id="brown5" n="5"/>
sowed the seeds of discontent broad cast among the brave men who, at all
seasons, and under all trials, have stood by their country. The mischief they
have done is written on every patriotic heart; the good is no where recorded.
Such laws are a standing reproach to our wisdom, justice, and patriotism,
and we can only vindicate ourselves by promptly repealing them. I pause to
return my thanks to the House of Representatives for having so effectually
wiped out the substitute law. It has laid the axe to the root of the evil; how long
shall we be in finishing the good work by expunging, the last <sic corr="vestige">vestage</sic> of that
most odious legislation from the statute-book?</p>
        <p>The plausible pretexts under which these laws were passed, and by which
it is now proposed to maintain them, is that the exempts and persons
furnishing substitutes would be profitably employed in producing food,
clothing, and other necessary supplies for the army, and for home
consumption. Is this true? Have these classes of persons been altogether
producers, or producers to any material extent<sic corr="?">.</sic> To my observation the exact
contrary is true. They have reaped when they have not sown, consumed
when they have not produced. Who is it that throngs the streets, crowds the
hotels, packs theatres, and fills railroad cars, at all times, to a perfect jam<sic corr="?">.</sic>
They are able-bodied men, capable of bearing arms; why are they not in the
service? The answer is, they have escaped through holes and crevices in
your careless legislation. To-day there is a full brigade of this gentry on the
streets of Richmond, and a hundred thousand of them at least are at large in
the Confederate States. Hotels and theatres are not workshops, and the
streets of cities are not the places to plant corn. If these men are out of the
army under exemption that they may be of more service elsewhere, in
heavens name let them go to work, and cease to offend the war-worn and
scar-covered soldier by exhibiting their fashionable clothes in contrast with
his dirty rags.</p>
        <p>Of those who have furnished substitutes it is said they have a contract
with the Government, and that they cannot again be called into
service without a breach of good faith. Let us examine this plea.
What is a contract? Without going into technicalities, I may say that
in all binding contracts there must be some consideration passing,
otherwise it is what the law denominates <hi rend="italics">nudem pactum</hi>. What was
the consideration passing from the man who offered a substitute to the
Government? Nothing; emphatically nothing. He owed service to
his country, and his country, in a spirit of generosity, allowed him
to discharge that service by a substitute. And now taking advantage
of his country's liberality, he claims that what was meant as a matter
of grace shall be regarded as a matter of contract, and he sets up
the high <sic corr="pretension">pretention</sic> that though his substitute may have deserted, or
been called on to perform duty for himself, still his Government is bound by
the contract.</p>
        <p>As between the Government and the man who offered a substitute
there was no consideration passing. He may have paid fabulous amounts to
his substitute. The more he paid the greater his shame. But his country had
nothing to do with that. He owed service, and his country simply allowed
him to discharge it by a substitute. Now
<pb id="brown6" n="6"/>
the exigencies are such, that the country is compelled to call on the
substitute to render service for himself. All I claim is, that by no contract
between the parties themselves can the country be deprived of the services
of either. A owed service in 1862, and the Government allowed him to discharge
it by his substitute B. In 1863, the Government calls on B to perform duty for
himself. It is manifest B cannot perform duty for both A and himself. When
B takes his own place in the ranks, A is left without a substitute, and it
follows that he must respond for himself.</p>
        <p>I hope the Senate has not forgotten with what earnestness I opposed
the passage <sic corr="of">ef</sic> these exemption and substitute laws. I opposed them
with zeal, if not with ability. Experience has proven that I was right, and I
now demand their repeal. Strike them from the statute-book and the effect
will be not only magical but majestic. It will <sic corr="sweep">sweap</sic> the streets, empty the
theatres, clear out the hotels, swell the ranks of the army, and carry joy to
the hearts of our brave defenders in the field.</p>
        <p>I have said these laws were fruitful sources of mischief. If the twenty
thousand men in the army of Virginia who had furnished substitutes had
been at Gettysburg, Philadelphia would have been ours in a week, and if the
grand army of exempts and substitutes had been with Bragg at
Chickamauga, Rosecrans and his Yankee thieves would, like the swine in
which the devils took refuge, have run violently into the waters of the
Tennessee and been drowned. I am clear for wiping out these laws.</p>
        <p>But, Mr. President, I have yet another proposition to increase the army, it
is my</p>
        <p><hi rend="italics">Third. </hi>“To authorize the President to issue his proclamation requiring all
male persons residing in the Confederate States and claiming and receiving
foreign protection, to make their election, within sixty days, to take up arms
or quit the country.”</p>
        <p>A friend at my elbow says that's radical, I mean it to be so. The conduct
of foreigners residing among us is objectionable in the
extreme, and as self-preservation is the first law of nature, I am for
protecting ourselves by forcing them at short notice to take up arms
in defence of this country, or to seek homes some where else. These
people eat out our substance, depreciate our currency, destroy our
credit, and betray us to our enemies. I insist there is no rite of hospitality that requires us longer to submit to such outrageous wrongs.
There is not a crowned head in all Europe that would tolerate the
presence of our men in their midst in time of war, if their whole
business was to consume without producing, to depreciate the currency, destroy
the public credit, and hold constant unlawful intercourse with their
enemies. I will not insult the intelligence of the
Senate by undertaking to prove that I charge these gentry correctly.
As well might I undertake to prove that the sun shines at noonday.
One has only to take an hour's ramble through the shops of this city
to have <sic corr="ocular">occular</sic> demonstration that I am right. I am told that the
course I propose will give offence to foreign powers. I hope not.
There is no reason why foreign powers should expect us to submit
<pb id="brown7" n="7"/>
quietly to imposture. I should regret exceedingly to offend any one.
But if I had a haughty neighbor who refused to recognize me as his equal,
but insisted that it was my duty to entertain his servants, I would so far
vindicate my own self-respect as to kick his servants out of doors.</p>
        <p>It can hardly be necessary for me to say that I make no allusion in these
remarks to any one of foreign birth, who has done, is doing, or intends to
do his duty to this Confederacy. But I do mean to include all that vast
multitude of foreigners who are simply treating our country as a goose, to
be plucked for the purpose of feathering their own nests. I say to all <sic corr="such">snch</sic>, if
you love this country, fight for it;
if you do not, leave it.</p>
        <p>I Come, sir, to consider my concluding proposition for strengthening the
army:</p>
        <p><hi rend="italics">Fourth. </hi>“To make provision for feeding and clothing the destitute
families of soldiers in the field.”</p>
        <p>This is a work, which, I admit, may be better done by States, counties,
corporations, and private individuals, than by the Confederate Government.
But we know that in many cases it is not done, and it is a burning shame that
it is not. Talk not to me of a want of power to do this thing. We had the
power to take the husband and father from his home and force him into the
army; and where you found the power to do that, right there I find the power
to feed and clothe his dependent wife and children. It is not in human nature,
Mr<sic corr="."> </sic> President, for any soldier's heart to glow and swell with the fires of
genuine patriotism, if he knows that his wife is shivering in the cold and his
children are crying for bread. An inflexible will may keep him at his post, but
he must be more or less than a man, if in his secret heart, he does not
reproach the country that tore him from his home, and then left the sacred
pledges of his affections to languish and die.</p>
        <p>We have heard a great deal from men, who, in this war, were going
to shed their last drop of blood, and have not yet shed the first drop;
who were going to spend their last dollar, and have not yet spent the
first one. It is time these patriots had a chance. They have had
their exemption on the plea that they would stay at home and serve
the country better by making food and clothing for the army and the
people. The army has stood between them and danger. As wave
after wave of Yankee power has rolled up and trembling above their
heads has threatened to <sic corr="engulf">engulph</sic> them in the mighty vortex that has
<sic corr="swallowed">swollowed</sic> up so many of our countrymen, the army has stood firm—
the waves have been rolled back and those patriotic exempts have been
left to pursue, undismayed and undisturbed, their peaceful, private
occupations. Now, what do we find? Do these men press forward
eager to redeem their promises to their country and discharge a debt
of gratitude to their defenders? No, Mr. President, no. We find
them everywhere engaged in the dirty scramble for money. Forgetful of all 
decency and oblivious to shame, they wallow in luxury and
extort fabulous prices from soldiers' families for the necessaries of
life. Eleven dollars for a bushel of corn—think of that. One of
<pb id="brown8" n="8"/>
these exempts luxuriating at home—knowing nothing of war, except
from hearsay, protected by our soldiers in his home, that he may
make bread for the army and the country, coolly demanding, extorting from a 
soldier's wife, a whole month's wages of her husband, for
a bushel of corn meal. What ought to be done with such a fellow?
He ought to be rammed head foremost into one of our <sic corr="biggest">bigest</sic> guns 
and shot across the Yankee lines.</p>
        <p>Is there no remedy for conduct like this? There is. Put upon
the men, who are thus heartlessly amassing fortunes out of their
country's miseries, the strong arm of the law, and thunder in their
ears, disgorge. Extortion is a great crime, and they who practice it,
deserve and will assuredly receive the execration of mankind. But
what will be said of us, if, in the midst of a teeming abundance, we
allow the wives and children of our brave defenders to starve. There
is plenty of provisions in the country to supply all our wants. It is
our business to see that it comes forth on demand.</p>
        <p>It is said if we force the sale of provisions at less than extortionate
prices, no surplus will be produced the next year. I will consider that along
with my proposition</p>
        <p><hi rend="italics">Fifth. </hi>“To detail from those in the military service such only as are
absolutely needed in civil pursuits, having reference in making such details
to competency alone.”</p>
        <p>I never supposed it possible, Mr. President, for the entire male population 
of a country to go into the army at once. But I have thought, and still think,
the wisest, safest, and most equitable way of raising an army such as we
need and must have, is to declare all who are capable of bearing arms to be in
the service, and then detail from time to time such only as are absolutely
required in other pursuits. I object to exempting whole classes of people,
such as doctors, preachers, schoolmasters, and so on, first, because it is
wrong in principle, and secondly, because it works bad in practice. No man
can give a good reason why doctors, preachers, and teachers should be
exempt that will not apply with equal or greater force to lawyers, mechanics,
and farmers. In practice, we all know that the purpose of making exemptions
has not been carried out. The exempts have not in good faith followed their
occupations and been content with the reasonable profits authorized by law.
Many have taken to other pursuits, and all, or nearly all, have become
heartless and unblushing extortioners. Such would have been the result of
granting exemptions at all; but the evil has been greatly exaggerated by
exempting whole classes of people. I propose to correct our error, and
instead of exempting men altogether and then leaving them to do as they
please, I propose to declare them all, without reference to age or occupation,
calling or profession, to be in the military service, and enrol them, if they be
capable of bearing arms. I know that corn must be raised and clothing made,
munitions of war must be supplied and the mechanic arts kept alive. But
while I know all this, I also know that, under pretence of doing these things, 
very many and very great abuses are practiced. I would abandon exemptions
altogether, and adopt a well digested plan of details. Details will, if wisely
made, and with an
<pb id="brown9" n="9"/>
eye single to the public good, insure fidelity and responsibility, and crush
down the spirit of extortion by keeping constantly before the man's mind
that he is liable, at any moment, on a well grounded complaint, to be
ordered back to the army. The man who is exempt under an act of Congress
feels secure, and does as he pleases. If he is detailed for a special duty and
is made to know that his security depends on his fidelity and competency,
he will generally discharge his duty to the best of his ability.</p>
        <p>It is said. I know, that such a law as I propose is liable to <sic corr="great abuse">greatabuse</sic>; that
those who are charged with its execution will detail their friends and
favorites. I grant that such may, to some extent, be the case. But it is no
sufficient reason for not passing laws, wise in themselves, and which are
called for by the exigencies of the country, to say they will be abused in
their execution. All that we can do is to pass such laws as in our wisdom are
demanded by the best interests of the country and leave their execution to
men equally interested with ourselves. If they fail in their duty, the
consequences will be upon their own heads. When the day of trial comes,
“the galled jade may wince, our withers will be unwrung.”</p>
        <p>I am asked, Mr. President, if I mean to declare all men of all ages,
occupations and professions in the military service? I do, sir. That is just
what I do mean. I would exempt only such as, from physical disability, are
incapable of bearing arms. No man should be out of the service unless he
could show disability, and those liable to duty should remain in the army
unless they were specially detailed to discharge some duty for which they
were proven to be competent. In this sweeping conscription, I mean to
include Senators and Representatives, the Governors of States, and all other
Confederate and State officers, of every, grade. I am told that in calling State
officers into the field, I should violate a fundamental principle of State
rights. This is a war for the <sic corr="maintenance">maintainance</sic> of State sovereignty. The vandal
foe is upon the soil. Towns, villages and cities are in flames; Legislatures fly
at their approach; Judges are imprisoned, and every right of the citizen,
moral, social, religious and political, is rudely trampled under foot, and yet I
am told that I must not seize this weapon or that, that I must not use all the
means which God and men have put within my reach, lest I violate the rights
of the States. As well might you tell me if my neighbor's house was on fire
that I dare not attempt to extinguish the flames, lest I soil his carpets.</p>
        <p>My calculation, Mr. President, is, that those who will be found
incompetent to discharge service as soldiers, will go very far towards
supplying what I admit to be a desideratum in the corn fields, the work
shops, and other places to which the army and the country must look for
support. The deficiency, the absolute need beyond this, I propose to
supply by details from the army having reference, in making such details, to
competency alone.</p>
        <p>The times in which we live call for the exercise of all our faculties, and the
unreserved use of all our resources. We must liberalize our views—act upon
more enlarged principles, and cultivate a more comprehensive patriotism. It
is quite the fashion for those who are doing
<pb id="brown10" n="10"/>
least to talk the most, and it is of every day occurrence to hear men
who have “never set a squadron in the field, nor do the divisions of a battle
know, more than spinsters,” talk learnedly of war, criticise the conduct of
Generals, and tell what valorous deeds and <sic corr="wondrous">wonderous</sic> strategy they would
have displayed, if the President had not been so dull as to have overlooked
their great military skill. There must be an end of all this. It is a weak device
to conceal delinquency to the cause. The man who is really in 
earnest will serve in any capacity,
be it ever so humble, and trust to his acts for a higher place. The
faithful will do their duty without compulsion or persuasion. The
obligation is upon us to see that the laggards do theirs. It will be a
sad <sic corr="commentary">eommentary</sic> on our wisdom to have it written in history that the
country fell while we were discussing the difference “ between twedle
dum and twedle dee.”</p>
        <p>I think, in all sincerity, that the plan I have proposed for strengthening
the army is the best; but I am not so <sic corr="wedded">weded</sic> to it as to reject
all others. I like it better than the scheme reported from the Military
Committee; but if I can get nothing better I will take that scheme. My great
desire is to see the army strengthened, and I will embrace any plan that will
effect that object and do it speedily<corr sic="no period">.</corr></p>
        <p>I come now, Mr. President, to consider the subject next in importance to the one
I have been debating—the currency. How is it to be improved? With
no claims to skill in matters of finance, I have yet some common sensed
views on the subject of Confederate currency, which, with the indulgence of the
Senate, I will express. One of these is, that the best way to restore
confidence in the currency, and thus improve its value, is to diminish the
quantity of notes in circulation by calling them in and destroying them. I do
not believe that Mr. Memminger's plan of converting non-interest paying
notes into interest-bearing bonds will answer. The scheme is too transparent.
There is not a financial quack in all the country who will not understand that
the indebtedness of the country has not been diminished by converting
treasury notes into treasury bonds. While common sensed people will be
very apt to think that the sixty millions of dollars, which is to be
paid annually to keep down the interest alone will
diminish the ability of the country to pay anything else. It seems to my
untutored mind that if a man's credit is suffering
because he has too many notes in circulation, the best way to restore his
credit is to pay the notes, and especially is this so, if he has the money.
That is exactly our condition. The debt which the country owes is the
people's debt. It was all contracted on their account. The notes are their
notes; they have depreciated because the people do not pay. The way to
increase their value is to commence redeeming them, and there never will be
a better time to begin than right now. I have, so thinking, proposed—</p>
        <p><hi rend="italics">Sixth. </hi>“ To levy a direct tax of —— per cent. on every kind of property,
according to its value in Confederate notes, including the notes
themselves.”</p>
        <p>The plan has the merit of being plain and easily comprehended. There is
no <hi rend="italics">hocus pocus</hi> about <hi rend="italics">it</hi>. It simply proposes that as it is the
<pb id="brown11" n="11"/>
people's debt the people shall commence paying it, not by exchanging a
<sic corr="promissory">promisory</sic> note for a bond under seal; not by taking up a note that bears no
interest, and giving in its place a bond that does bear interest; but by an
honest extinguishment of the debt. When we commence work in that way
our credit will instantly revive, for it will give
assurance that we mean to be honest, keep ourselves out of the hands of
bankers and brokers, and pair our debts by fair, legitimate taxation.</p>
        <p>If the notes in circulation were distributed among the people
according to each one's liability, or what I think is the same thing,
according to each one's taxable property, then each one could surrender
his part and the debt would be paid. But as that is not the case,
and is not likely to be, the only thing, to be done is to require each one,
according to his liability as a tax-payer, to obtain his part of the notes and
pay them in. This can be in more easily done now than at any other time, for
there never was a period when property of all kinds sold for such
enormous prices. It is no extravagance to say that it is easier to pay ten
dollars now than it would have been to pay one at the beginning of the war.
True, many who have been driven from their homes have unproductive
property. That is exactly my condition. The tax may bear heavily on us; but that
is our misfortune. I do not, and I hope others will not, ask that the wheels of
Government be reversed, averted or stopped to suit our condition. The
salvation of the Country is at stake, and I implore Congress to do its duty.</p>
        <p>It will be seen that I propose to tax the notes themselves. No good
reason occurs to my mind why this should not be done. They
are property, and constitute the measure of value as to other property. If it
be agreed that they ought to be taxed, the way of doing it seems to me to be
simple enough. I would require the present tax gatherers, and such others as
may be hereafter appointed, to notify all persons holding Confederate
treasury notes to present them between certain days stated. When so
presented, I would require the tax-gatherer to deduct the amount of taxes,
and stamp the residue of the notes. After the time had expired, I would
declare, by law, all notes not thus stamped to be no longer receivable for
public dues. They would then, of course, cease to circulate as currency.
This would insure, their presentation to the tax-gatherer. What amount of
taxes should be levied on the notes I do not now undertake to say. My mind
has rested on twenty-five per cent. If this sum be agreed on, a given case
would stand thus: A has four thousand dollars of these notes, he takes
them forward, the tax-gatherer deducts one <sic corr="thousand">thousands</sic> dollars, and stamps
the other three thousand; these will continue to circulate as money. B has
four thousand dollars, and to avoid the tax he refuses to produce them;
these will be out-lawed.</p>
        <p>I do not say, Mr. <sic corr="President">Presldent</sic>, that I am altogether and entirely opposed to
funding, but I am opposed to it on the great scale suggested by the
Secretary of the Treasury. I see in that nothing but perpetual bankruptcy to the
people, and the most princely fortunes ever made to the <sic corr="bankers">hankers</sic>, brokers
and other money dealers, into whose hands the bonds would certainly fall.
I prefer as a first, best, and greatest means of
<pb id="brown12" n="12"/>
improving the currency a direct tax. As far as it goes, it will extinguish the
debt, and not like funding, leave it a perpetual burthen on posterity. If the
debt is ever to be paid—and to doubt it is treason—the time to begin is now.</p>
        <p>My next proposition is—</p>
        <p><hi rend="italics">Seventh. </hi>“To make Confederate notes a legal tender in payment of
debts.”</p>
        <p>Shall I be met again by constitutional objections<sic corr="?">.</sic> Again, I say, if this thing
be necessary to sustain the currency, and thereby make the war a success,
it is constitutional. The Government has already made these notes a legal
tender in all its transactions. It pays its employees in treasury notes, and
discharges all its obligations in the same currency. If the soldiers who fight
our battles, and the farmers who supply them with bread, are paid in these
notes; if all who serve the Government, or furnish it supplies of every kind; if
the Government can say, as it does say, to all contractors, you must take these
notes or take nothing, there can be no reason why individuals should not be
compelled to do the same thing. If the Government has the power to force a
citizen to fight, and to give up his horses, cattle, provisions, and other
property, and take his pay in Confederate notes, it certainly has the power
to force other citizens to receive the same notes in payment of their debts.
The Constitution nowhere says that the Confederate Government shall not
make paper money a legal tender. It nowhere says that it shall make nothing
else than gold and silver a legal tender. The prohibition is against the States.
“No States,” says the Constitution, “shall make anything but gold
and silver coin a tender in payment of debts.” Art. I, Sec. X. The
prohibition is direct and pointed as regards the States; but as to the
Confederate Government it is only inferential. I admit that it is a
doubtful power, and I would not consent to its exercise in times of
peace. Yet it may have been a wise forecast in the framers of the
Constitution, speaking as they did in the name of the States, to impose
the prohibition on the States individually, and not impose it on the
Confederate States. It is important at all times, but most so in
times of war, to have a uniform currency. And it may have been the
wise purpose of those who ushered this Government into being to
leave it <sic corr="untrammeled">untrammelled</sic> as to its currency. It is empowered “to coin
money and regulate the value thereof.” And that is the mode of creating
a currency which I prefer to all others. But when that is impracticable,
something else must be done. We have chosen to issue
treasury notes, or I might better say we have been compelled to issue
them; and now if it be necessary to sustain the credit of these notes
by compelling people to take them in discharge of debts due, not only
from the <sic corr="Government">Governmeet</sic>, but from one another, it is our right and our
duty to do so. That is my opinion.</p>
        <p>The Government says to its own debtors, take this paper, it is my promise
to pay in coin. When I have the coin, come, and I will pay you. It can only
make this a fair and just transaction by going still further, and saying to its
debtor, offer this paper in payment of your debts, and I will see that your
creditor takes it; and to the creditor, I
<pb id="brown13" n="13"/>
(your Government) have now become your debtor, I promise to pay you in
coin. When the coin can be had, call, and I will pay you. It will never do to
have a currency that is good for the Government and not good for the
people. Whatever is a sound currency between the Government and its
citizens, must be good as between the citizens themselves. Otherwise you
<sic corr="separate">seperate</sic> the citizens from the Government in their most essential relations;
and in that case the Government must fall.</p>
        <p>Apart from the constitutional question, there is another which addresses
itself to our consideration. It is the question of expediency. Is it expedient
to make treasury notes a tender in payment of all debts? In other words, will
it increase their value. I think it will. The cry we hear on all sides is, “We do
not want these notes, because with them we cannot pay our debts.” Make
them a legal tender, and the cry will cease. The debtor part of the community
will seek them at once, because with them they can discharge their
indebtedness. The creditor part of the community will have no reason to
complain, since they will be called, only to look to the Government
for payment, instead of looking to individuals.</p>
        <p>I need hardly make an argument to show that a note that is good in the
discharge of indebtedness of all kinds, is better than a note which can only
be used in the discharge of a particular class of debts. The measure, in both
its aspects, as constitutional and expedient, commends itself to my own
judgment, and I therefore present it to the Senate. I must move on, as I
promised to be brief. Proposition</p>
        <p><hi rend="italics">Eighth. </hi>“To prohibit the buying and selling of gold and silver coin, or
the notes of banks in the United States or United States treasury notes,
during the war under heavy penalties, or in lieu, thereof, to prohibit ‘running
the blockade’ by individuals under pain or forfeiture of the goods
brought in, and imprisonment during the war.”</p>
        <p>Shall I be at pains, Mr. President, to point out the evil consequences
of <sic corr="trafficking">trafficing</sic> in coin, or pause to establish the pernicious relation existing
between this traffic and “blockade running.” To this is owing
the great depreciation, of our paper. Gold and silver is not of right,
and ought not in practice, to be the standard of value with us. We 
have no legitimate intercourse with the outside world. Nobody recognizes
us. Our ports are closely blockaded. All of our transactions are among
ourselves, or, at least, they ought to be. And as
Confederate notes constitute our medium of exchange, and pass currently
in all our domestic transactions, it would seem that we had little or no use
for gold or silver. Yet, we see by the public newspapers that coin 
is being bought in our markets at ten, fifteen, and, I
am told, as high as twenty dollars in Confederate notes for one dollar
in gold or silver; and worse still, the notes of our enemies, which do
not circulate as money among our people, are at a premium in Richmond
of from seven hundred to a thousand per cent. over our own
currency. The reason for this state of things is obvious. The
“blockade runners ” buy gold and silver and Yankee money, because
with these, and these alone, they can traffic with the enemy. I am
<pb id="brown14" n="14"/>
for putting a stop to these transactions. To the uninitiated, it would appear
strange that, with a vastly larger debt and with a much less ability to pay
than we have, the notes of the Yankees should be at a large premium over
our notes. But a peep into any shop in the Confederate States reveals the secret.
The unblushing admission stares us in the face, that persons, claiming to be
loyal, are in the habit, in direct violation of our laws, of trading with the
enemy, and as the enemy has found the means of effectually preventing the
circulation of our notes in their midst, it follows that Yankee notes or gold
and silver constitute the medium through which this illicit trade is carried on.
The result is the humiliating exhibition that our notes are at a discount, such
as I have described, right here under the very shadow of the capitol. Is there
no remedy for evils like this? The answer is plain. Let Congress do its duty.
Take these men from their shops, and put them in the army. Make it a penal
offence to buy or sell gold or silver coin. Open the doors of your prisons for
those who trade in Yankee money, and close up the dens of thieves and
traitors, so that honest men cannot be ensnared into them. Say to them one
and all, as the Savior said to the money changers in the temple, “for this,
my house was a house, of prayer, and ye have made it a den of thieves.”</p>
        <p>We must correct our errors. Bad men must be treated according
to their crimes. There can be none more atrocious than the crime of
depreciating currency at a time like this. It is treason in its most hideous
form. Talk of Arnold's treachery, or the monstrous wickedness of Judas. These
men were paragons of excellence compared with the <sic corr="villains">villians</sic> of our day.
Arnold retired from the sight of men, and was glad to die in obscurity. Judas
betrayed the Savior; but Judas had the decency to hang himself. These men
make a merit of their depravity, flaunt their ill-gotten gains in the face of honest
patriots, and actually scoff at the country while it is undergoing financial
crucifixion. Congress stands amazed, almost <sic corr="stupefied">stupified</sic>, at the wonderful
audacity of these wretches, and seems to think that the very sublimity of their
crimes had secured them immunity against punishment. This will never do,
The law is a terror to evil doers. Let the law perform its office. Where there is
a will there is a way. The Yankees have found the way, and we shall find it if
we diligently search for it. Let us resolve to punish roguery, and protect
the rights of honest men, and the way will open to us. Honest men are
never appalled by the severity of laws. Where there is no offence there will be no
punishment. It is the wicked alone who flee from righteous judgments.</p>
        <p>It is my deliberate judgment, Mr. President, that the measures I
have suggested are necessary, one and all, to secure this country from ruin.
They may look severe to those who have never felt the heavy tramp of the
invader.<sic>.</sic> Go with me to Mississippi and look at cities sacked, plantations
desolated, homes laid waste, and thousands of women and children driven
as wanderers to strange lands. See the haughty tyrant with his heel upon
the neck of bleeding innocence,
and then tell me if these measures are not mild as Christian mercies,
compared with treatment like this. One year ago, Mississippi was
<pb id="brown15" n="15"/>
as secure as you think yourselves to-day. If wise councils then
had been followed by bold actions, she might have rolled back the
tide that swept over her, and have continued to stand in all the <sic corr="plenitude">plentitude</sic> of
strength and beauty. Let us take council of our fears and
fail to act because somebody may be offended; and you may read the
doom of Georgia, Alabama and the Carolinas, in what has been the
fate of Mississippi. </p>
        <p>But I have another and last proposition. It may be more startling
than the rest. I have heard it said that the courts will overthrow
our legislation by decisions against these laws. This may be so, and,
I propose to guard against it by my</p>
        <p><hi rend="italics">Ninth</hi> proposition: “To declare all these laws war measures, and
make those who violate them amenable to the military courts alone.”</p>
        <p>We are in the midst of the most fearful conflict that the civilized world has
ever <sic corr="witnessed">winessed</sic>. It is not alone an issue of life, liberty, and property. But it is a
question as to whether our slaves shall become our masters. I refuse to
contemplate the horrid picture which imagination paints in the future.
Its outlines are distinctly drawn on the broad canvas which Yankee despotism has
unfolded before our eyes. Why stand we idle? Why hesitate to perform our
duty<sic corr="?">.</sic> Is applause so sweet or popularity a gem of such priceless value that
we would obtain them at the sacrifice of all that is staked on this issue<sic>.</sic>
Remember, Senators, that those who have been followed by the huzzas of a
multitude one day, have been visited by its bitterest execrations the next.
Are these laws that I have proposed necessary to insure success? Then
adopt them. Can their force be impaired by the decisions of weak or
disloyal judges? Then take the decisions out of the mouths of such judges.
No man has more respect for individual rights than I have. No man clings with
more tenacity than I do to that great safeguard of human liberty, the <hi rend="italics">habeas
corpus</hi>. But sacred as these things are, I am ready to lay them aside for the
time being, if this be necessary to secure the liberty and independence of
my country in the end. The duty of providing for the common defence is
upon us. The obligation to repel invasion is devolved upon us by the
Constitution, and we shall not have acquitted ourselves of this duty or this
obligation until we have exhausted all the means within our reach. It will not
do to say “the country has resources, but we cannot command them.” So
long as there is a pound of material left, it is our duty to seize it and hurl it at the
enemy. Talk of individual rights and the safeguards to liberty, with a million
of armed Yankees thundering at your doors. What has become of personal
liberty, the <hi rend="italics">habeas corpus</hi>, and the written Constitution in Tennessee, Kentucky,
Missouri, Arkansas, Mississippi, and wherever else the foe has
obtained a footing? Gone, sir; buried deep in the graves that contain the
bodies of our slaughtered countrymen; and yet we have exhortations to
save these sacred gifts at the peril of losing all that remains to us of our
once happy and still beloved country. Sir, excuse me. If I cannot save
everything, I will save that which is the most valuable. If we lose the
country, personal liberty, the <hi rend="italics">habeas corpus</hi>, and the Constitution must go
with it. We can never wrest
<pb id="borwn16" n="16"/>
these things from Yankee hands if once our country is conquered. We can,
at our own will, take them from the hands of our own chosen rulers. If our
jewels are threatened will we allow the enemy to seize them while we are
debating whether it is safe to entrust them to the hands of our agents.</p>
        <p>Mr. President, the blood of our brothers cries to us from the
ground. Their disembodied spirits watch over us to-day. They seem
to draw nearer and nearer, as we hesitate in the discharge of our
duty. Anon they will gather like a cloud over and around this capitol,
and as the sun of liberty is setting, perchance for the last time,
they will demand, in tones that shall awaken us all from lethargy:
“Who is the author of all this mischief? Is it for this we shed our
blood? Is it for this we left our homes, and through toil, and death,
and carnage, drove back the foe? Degenerate men, why have you
thus surrendered the cause for which we toiled, and bled, and died?”
At that trying moment may my conscience be at ease, and may I be
able to say without fear and without remorse, whatever may have
been the faults of others, “Thou canst not say I did it.”</p>
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