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as his famous kinsman; took up the cudgels。 In a speech before
the Georgia Legislature; in November; Linton Stephens borrowed
almost exactly the Governor's phraseology in denying the
necessity for conscription; and this continued to be the note of
their faction throughout the war。 〃Conscription checks
enthusiasm;〃 was ever their cry; 〃we are invincible under a
system of volunteering; we are lost with conscription。〃

Meanwhile the military authorities looked facts in the face and
had a different tale to tell。 They complained that in various
parts of the country; especially in the mountain districts; they
were unable to obtain men。 Lee reported that his army melted away
before his eye and asked for an increase of authority to compel
stragglers to return。 At the same time Brown was quarreling with
the Administration as to who should name the officers of the
Georgia troops。 Zebulon B。 Vance; the newly elected Governor of
North Carolina and an anti…Davis man; said to the Legislature:
〃It is mortifying to find entire brigades of North Carolina
soldiers commanded by strangers; and in many cases our own brave
and war…worn colonels are made to give place to colonels from
distant States。〃 In addition to such indications of discontent a
vast mass of evidence makes plain the opposition to conscription
toward the close of 1862 and the looseness of various parts of
the military system。

It was a moment of intense excitement and of nervous strain。 The
country was unhappy; for it had lost faith in the Government at
Richmond。 The blockade was producing its effect。 European
intervention was receding into the distance。 One of the
characteristics of the editorials and speeches of this period is
a rising tide of bitterness against England。 Napoleon's proposal
in November to mediate; though it came to naught; somewhat
revived the hope of an eventual recognition of the Confederacy
but did not restore buoyancy to the people of the South。 The
Emancipation Proclamation; though scoffed at as a cry of
impotence; none the less increased the general sense of crisis。

Worst of all; because of its immediate effect upon the temper of
the time; food was very scarce and prices had risen to
indefensible heights。 The army was short of shoes。 In the
newspapers; as winter came on; were to be found touching
descriptions of Lee's soldiers standing barefoot in the snow。 A
flippant comment of Benjamin's; that the shoes had probably been
traded for whiskey; did not tend to improve matters。 Even though
short of supplies themselves; the people as a whole eagerly
subscribed to buy shoes for the army。

There was widespread and heartless speculation in the supplies。
Months previous the Courier had made this ominous editorial
remark: 〃Speculators and monopolists seem determined to force the
people everywhere to the full exercise of all the remedies
allowed by law。〃 In August; 1862; the Governor of Florida wrote
to the Florida delegation at Richmond urging them to take steps
to meet the 〃nefarious smuggling〃 of speculators who charged
extortionate prices。 In September; he wrote again begging for
legislation to compel millers; tanners; and saltmakers to offer
their products at reasonable rates。 As these men were exempt from
military duty because their labor was held to be a public
service; feeling against them ran high。 Governor Vance proposed a
state convention to regulate prices for North Carolina and by
proclamation forbade the export of provisions in order to prevent
the seeking of exorbitant prices in other markets。 Davis wrote to
various Governors urging them to obtain state legislation to
reduce extortion in the food business。 In the provisioning of the
army the Confederate Government had recourse to impressment and
the arbitrary fixing of prices。 Though the Attorney…General held
this action to be constitutional; it led to sharp contentions;
and at length a Virginia court granted an injunction to a
speculator who had been paid by the Government for flour less
than it had cost him。

In an attempt to straighten out this tangled situation; the
Confederate Government began; late; in 1862; by appointing as its
new Secretary of War;* James A。 Seddon of Virginiaat that time
high in popular favor。 The Mercury hailed his advent with
transparent relief; for no appointment could have seemed to it
more promising。 Indeed; as the new year (1863) opened the Mercury
was in better humor with the Administration than perhaps at any
other time during the war。 To the President's message it gave
praise that was almost cordial。 This amicable temper was
short…lived; however; and three months later the heavens had
clouded

* There were in all six Secretaries of War: Leroy P。 Walker;
until September 16; 1861; Judah P。 Benjamin; until March 18;
1862; George W。 Randolph; until November 17; 1868; Gustavus W。
Smith (temporarily); until November 21; 1862; James A。 Seddon;
until February 6; 1865; General John C。 Breckinridge; again; for
the Government had entered upon a course that consolidated the
opposition in anger and distrust。


Early in 1863 the Confederate Government presented to the country
a program in which the main features were three。 Of these the two
which did not rouse immediate hostility in the party of the
Examiner and the Mercury were the Impressment Act of March; 1863
(amended by successive acts); and the act known as the Tax in
Kind; which was approved the following month。 Though the
Impressment Act subsequently made vast trouble for the
Government; at the time of its passage its beneficial effects
were not denied。 To it was attributed by the Richmond Whig the
rapid fall of prices in April; 1863。 Corn went down at Richmond
from 12 and 10 a bushel to 4。20; and flour dropped in North
Carolina from 45 a barrel to 25。 Under this act commissioners
were appointed in each State jointly by the Confederate President
and the Governor with the duty of fixing prices for government
transactions and of publishing every two months an official
schedule of the prices to be paid by the Government for the
supplies which it impressed。

The new Tax Act attempted to provide revenues which should not be
paid in depreciated currency。 With no bullion to speak of; the
Confederate Congress could not establish a circulating medium
with even an approximation to constant value。 Realizing this
situation; Memminger had advised falling back on the ancient
system of tithes and the support of the Government by direct
contributions of produce。 After licensing a great number of
occupations and laying a property tax and an income tax; the new
law demanded a tenth of the produce of all farmers。 On this law
the Mercury pronounced a benediction in an editorial on The Fall
of Prices; which it attributed to 〃the healthy influence of the
tax bill which has just become law。〃* 

* The fall of prices was attributed by others to a funding act;
one of several passed by the Confederate Congresswhich; in
March; 1863; aimed by various devices to contract the volume of
the currency。 It was very generally condemned; and it anticipated
the yet more drastic measure; the Funding Act of 1864; which will
be described later。


Had these two measures been the whole program of the Government;
the congressional session of the spring of 1863 would have had a
different significance in Confederate history。 But there was a
third measure that provoked a new attack on the Government。 The
gracious words of the Mercury on the tax in kind came as an
interlude in the midst of a bitter controversy。 An editorial of
the 12th of March headed 〃A Despotism over the Confederate States
Proposed in Congress〃 amounted to a declaration of war。 From this
time forward the opposition and the Government drew steadily
further and further apart and their antagonism grew steadily more
relentless。

What caused this irrevocable breach was a bill introduced into
the House by Ethelbert Barksdale of Mississippi; an old friend of
President Davis。 This bill would have invested the President with
authority to suspend the privilege of the writ of habeas corpus
in any part of the Confederacy; whenever in his judgment such
suspension was desirable。 The first act suspending the privilege
of habeas corpus had long since expired and applied only to such
regions as were threatened with invasion。 It had served usefully
under martial law in cleansing Richmond of its rogues; and also
had been in force at Charleston。 The Mercury had approved it and
had exhorted its readers to take the matter sensibly as an
inevitable detail of war。 Between that act and the act now
proposed the Mercury saw no similarity。 Upon the merits of the
question it fought a furious journalistic duel with the Enquirer;
the government organ at Richmond; which insisted that President
Davis would not abuse his power。 The Mercury replied that if he
〃were a second Washington; or an angel upon earth; the
degradation such a surrender of our rights implies would still be
abhorrent to every freeman。〃 In retort the Enquirer pointed out
that a similar law had been enacted by another Congress with no
bad results。 And in point of fact the Enquirer was right; for in
October; 1862

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