May 26, 1863 (Tuesday): A Matter of Promotion

General Henry Heth

RICHMOND, VA., May 26, 1863.
General R. E. LEE,
Commanding Army of Northern Virginia, near Fredericksburg, Va.:
    GENERAL: Yours of the 25th, with its inclosure, was received last night, and I find that to some extent your views as contained in the letter of the 20th were misapprehended. I inferred from the first letter that you considered Heth, by seniority and equal merit, the preferred candidate for promotion, but that you doubted the propriety of promoting him, because a former nomination to make him major-general had failed in the Senate. I felt the high commendation you bestowed upon Pender to be fully due to him, having marked his conduct in the campaign before Richmond with peculiar admiration. I did not suppose Ransom to be included in the comparison, because the proposition to form a division of Ransom's, Cooke's, and Pettigrew's brigades, in conjunction with a high estimate I knew you put upon Ransom, indicated him as your probable preference for the command of that division. As the case now stands, I perceive that Pender might be promoted to command the division formed of four brigades of A. P. Hill's former division, and Heth to command a division to be formed of the brigades of Heth, Archer, and two others; but it would seem hard that Ransom's brigade should be one of them. This either postpones Ransom's promotion or separates him from the army immediately commanded by yourself, which I believe would not be agreeable to him. The only alternative would be, regarding your letter and that of General Hill as concluding the question of Pender's promotion, to cancel the promotion of Heth, or accepting the condition of separating Ransom from the Army of Northern Virginia. He might be promoted and sent to Mississippi, or exchanged for French or Whiting by sending one of them to Mississippi. You will realize the embarrassment resulting from the fact of Heth's appointment before your second letter arrived, for though the letter of appointment might be withheld, the fact of its having been made probably will be, if it has not been, communicated to him in some unofficial form. I have nothing from General D. H. Hill since he left here. There are, however, reports of active operations in the direction of New Berne. It may be the reconnaissance in force which he had in contemplation. Inclosed is a sketch* handed to me by Doctor Garnett, intended to represent what General Wise side to front toward the enemy have constructed earth-works. The side to front toward the river, and as they cannot be designed to operate against our boats in the Mattapony, must have been to resist an attack anticipated from the northeast side of that river. The force was said to be small-perhaps a brigade. Our intelligence from Mississippi is, on the whole, encouraging. Pemberton is stoutly defending the intrenchments at Vicsburg, and Johnston has an army outside, which I suppose will be able to raise the siege, and, combined with Pemberton's forces, may win a victory. Many thanks for your friendly solicitude. My health is steadily improving, and if we can have good new from the west I hope soon to be quite well again. General Bragg has bravely and patriotically detached strong re-enforcements to General Johnston- so much so that I have to warn him to be mindful of this own necessities. We are attempting by addresses to the Governor of the State to get forces for local defence by the organization of the except corps of minute-men, who are to respond to any call for the defense of cities, railroad, brides, &c. In proportion to the success of this effort, disciplined troops will be relieved from such duties and made available for active operations in the field. I have been glad to learn from the Governor of North Carolina that the decision of Judge Pearson did not touch the question of the constitutionality of the conscript law, but only covered the legality of employing the militia to arrest desertes. The decision against the right thus to use the militia paralyzed the effors of Governor Vance thus to aid us in that regard.
     Very respectfully and truly, your friend,


    JEFFERSON DAVIS.

* Not found.

Series I., Vol. 51, Part 2, Pages 716-717.

The problem of three generals and two divisional commands was solved by putting Ransom in charge of the defenses near Richmond and immediately to the east.  His health, in any case, was problematic.  Pender and Heth were promoted, and soon to have their names writ large in the events of the Gettysburg Campaign.  This letter is one of a number during this period in which Davis and Lee misunderstood each other.  Earlier, Davis had believed Lee advocated (as did Davis) sending Longstreet and his corp west.  There was also a misunderstanding over whether troops should be withdrawn from the South Carolina coast to strengthen Lee for his invasion of the north.

May 25, 1863 (Monday): The Desertion Issue

Judge Richmond Pearson (NCmarkers.com)

STATE OF NORTH CAROLINA, EXCECUTIVE DEPARTMENT,
Raleigh, May 25, 1863.
Honorable J. A. SEDDON,
Secretary of War, Richmond, Va.:
    SIR: Your letter of the 23rd instant, inclosing copy of one from General Lee with descriptive rolls of deserters from General Rodes' brigade, appealing to me for action in regard to the best means of arresting desertion in the army, has been received. You will see by copy of my proclamation,* that everything which it is possible for me to do has been already done. The most stringent orders have been issued to the militia to guard all fords and feries and public highways, and every imaginable step taken to insure activity and obedience. And to avoid, if possible, the danger of conflicting with the legal tribunals of that State, I have recently written to the President suggesting that he should make a requisition upon me for the milita for the purpose of arresting deserters, &c., to which letter I beg to refer you as an evidence of my great desire to put a stop to this evil. I regret, sir, that you should have deemed it necessary to adopt as an expanation of the cause for so much desertion-an idea which has its origin solely in political prejudice-the "too ready interposition of the judicial authority in these question of military obligation," and the false constructions given to the decisions of our judges in the army. That such impressions do prevail in the army I make no doubt. You are not the first authority I have had for that fact; but why it should exit and how it was first made I am unable to determine, except upon the ground that there exist among our neighbors, and even among some of our own citizens, "a too ready" disposition to believe evil of the State. When it is know that North Carolina is the only State in the Confederacy which employs her militia in the arrest of conscripts and deserters; that she has better executed the conscript law; has fuller regiments in the field that any other, and that at the two last great battles on the Rappahannock, in Decempber and in May, she furnished over one-half of the killed and wounded, it seems strange, passing stange, that an impression should prevail that desertion would receive official contenance and protection on her borders.
    The decisions of our judges have been published in all the papers of our State, and any pervarsion of their meaning must be designed and willful. Neither have our judges been "too ready" to offer them. Heavy penalties, as your know, are annexed to the refusal of a judge to grant the writ of haveas corpus, and an upright judge must deliver the law as he conceives it to be, whether it should happen to comport with the received notions of the military authorities or not. I must therefore most respectfully decline to use my influence in restaining or controlling that co-ordinate branch of the Government which intrudes upon nobody, usurps no authority, but is, on the contrary, in great danger of being overlapped and destroyed by the tendency of the times. Whilst, therefore, it is my intention to make every possible effort to sustain the common cause, it is my firm determination to sustain the judicial authorities of the land, the rights and privileges of the citizens to the utmost of my power. By the action of Congress no appreal lies from the supreme court of a State to that of the Confederate States, and the decisions of the supreme court of North Carolina when formally rendered will be binding upon all parties. I also regret to see that the impression will be made by these letters of yours and General Lee's that desertion is greater among the North Carolina troops than those of her sister States, which I have every reason to believe is not true. Yet has any other Executive been appealed to isue proclamations, and to employ the militia in arresting it? Has the "too ready interposition" of the judiciary of South Carolina and Georgia been rebuked for almost similar decisions rendered? Exuse me, sir, for writing in this strain; I feel that our exertion are scarcely appreciated properly, and I can but speak plainly when I approach the subject.
     Very respectfully, your obedient servant,


     Z. B. VANCE.

* See May 11, 1863, p. 706. 

Official Records, Series I., Vol. 51, Part 2, Page 715.

In the spring of 1863 North Carolina militia entered Yadkin County is pursuit of deserters.  In the process two militia were killed and a group of deserters arrested.  They applied to judge Richmond Pearson of the North Carolina Supreme Court for a writ of habeus corpus.  Pearson ruled that without some specific act of the Confederate Congress which imposed on the state the obligation to utilize the militia, there was no legal authority for the militia to attempt the arrest.  The men were therefore resisting an unlawful arrest and had committed no crime.  The judge ordered them released.  At the same time, Richmond and Lee were alarmed by the increase in desertions by North Carolina troops and asked Governor Vance to overrule the judiciary.  Instead, Vance asks, in conformity with Pearson's ruling, for the Confederate government to requisition the militia of the state to perform the task (thereby making it legal).  The irony is that the Confederate Government was created on the basis of states rights, yet if they exerted those rights once they seceeded they risked the destruction of their cause.

May 24, 1863 (Sunday): Meade and Reynolds Consult

General George G. Meade

HEADQUARTERS FIFTH ARMY CORPS,
May 22, 1863.
    GENERAL: An issue having been raised between the commanding general and myself in regard to the construction to be placed on the language I used at the consultation of corps commanders held on the night of May 4, I would esteem it a personal favor if you would, at your earliest convenience, state your recollection of what I said, and the impression it made on you at the time.
    Very respectfully, your obedient servant,


    GEO. G. MEADE,
    Major-General.

HDQRS. FIRST ARMY CORPS, ARMY OF THE POTOMAC,
May 24, 1863.
Major General GEORGE G. MEADE,
Commanding Fifth Army Corps, Army of the Potomac:
    GENERAL: Your note of the 22nd instant has been received. My recollection of the substance of the remarks made by you at the consultation of the corps commanders, held on the night of the 4th of May, is that you were decidedly in favor of an advance in the direction of Fredericksburg at daylight the next morning; that you considered this army had already too long been made subservient to the safety of Washington, and you threw that out of the question altogether. This drew the remarks from General Sickles. I simply said, as my corps was the only one which had not been engaged, I would not urge my opinion, but that I agreed with you.
    I am, general, very respectfully your obedient servant,


    JOHN F. REYNOLDS,
    Major-General Volunteers.

Official Records, Series I., Vol. 25, Part 1, Page 510.

An interesting exchange between two of the principal players in the upcoming drama at Gettysburg.  Disputes over recollections and actions were common during the war and even more so afterward.  Here Meade is prompting Reynolds to recollect Meade's position during a critical point in the Chancellorsville campaign.  It could be argued Hooker had bigger things to worry about at this point, and rightfully so, but generals in this war always fought with one eye on the enemy and one on public and political opinions.

May 23, 1863 (Saturday): The Not Quite General-In-Chief

Secretary of War Edwin M. Stanton

HEADQUARTERS OF THE ARMY,
Washington, D. C., May 23, 1863.
Honorable E. M. STANTON,
Secretary of War:
SIR: In your letter of to-day, just received, you propose four questions for answer:
     1. What provision, in the present condition of the Army of the Potomac and the forces around Alexandria, Baltimore, and Washington, should be made to guard against such raids?
    The disposition of the forces in and around Alexandria and Washington is as stated in my letter of the 18th. I do not think that this disposition can be improved unless the position of the Army of the Potomac, or of its cavalry, be changed. General Heintzelman has been directed to block up the roads of approach by felling trees, and to remove the paroled prisoners, now south of the Potomac, to Annapolis, or to the north side of the river. They cannot fight, and will only be in the way where they are. General Schenck has been directed to concentrate his troops upon fewer points, so that they can be more available against raids.
    2. Whether proper precautions have been taken to guard against such raids?
    In addition to the disposition above stated General Heintzelman has stopped all passage of the brigades during the night, has barricaded them, and placed at them strong guards with artillery. The planking of Chain Bridge is ordered to be taken up every night. Staff officers are directed to visit the guards, forts, and pickets frequently, to see that all are on the alert.
     The guards of the public stores in the city are directed to be held in readiness to act on any threatened point. As an additional precaution, I suggest that all clerks and employes of the Government should be directed to assemble at their several departments, in case of an alarm, to be armed, and replace the guards at the public stores and buildings.
      3. What dispositions of our cavalry force should be made under present circumstances?
      All available cavalry forces in the Department of Washington are kept on and in front of the outer line of pickets south of the Potomac, scouts being sent out on the roads to feel the enemy and give notice of his movements. I do not think a better disposition can at present be made of these forces.
      4. Any other suggestions you deem proper to make in respect to the above-mentioned forces for offense or protection. You will also state what cavalry force now belongs to the Army of the Potomac, where it is, and on what duty engaged.
     The last return received of the cavalry of the Army of the Potomac is dated April 10. The aggregate was then 22,253, of which 13,398 was reported present for duty. Since then this force has been weakened by an extensive raid against the enemy. Probably not more than 9,000 or 10,000 could now be taken into the field. When I last saw General Hooker, I understood from him that he intended to station this cavalry near the Orange and Alexandria Railroad, in rear of the Rappahannock, to provide against raids, and protect that line of supplies. I was told by General Stoneman, on the 21st, that only a picket guard had been left there, and that the remainder of the cavalry had been withdrawn to Belle Plain, some 35 or 40 miles from the Rappahannock Station. If so, it could not reach this road without a hard day's march.
     In my opinion, this cavalry, if the Army of the Potomac contemplates no immediate movement, should either be stationed nearer to the Orange and Alexandria Railroad, or be employed in again attacking and breaking up the enemy's cavalry. It is rumored that Stuart and Lee are collecting a cavalry force at Culpeper. If so, it is probably for a raid upon Alexandria or into the Valley of the Shennadoah, which the cavalry of the Army of the Potomac should be prepared to prevent.
    Since writing the foregoing, I learn verbally from General Butterfield that two divisions of the Cavalry Corps are stationed near the Orange and Alexandria Railroad; that two regiments have been sent to clean out the country between the Rappahannock and the Occoquan, and that two other regiments have been sent for the same purpose down the neck of land between the Potomac and Rappahannock.
     If a mere cavalry raid should be made upon Alexandria, the only serious apprehensions would be for our stores at that place, while, on the other hand, the enemy's retreat ought to be cut off by the cavalry of General Stahel and that of the Army of the Potomac. If the enemy should attack in large force, we must rely for assistance mainly upon the army under General Hooker.
     The efficiency of the defenses south of the Potomac would be greater if there was a more experienced officer in command of the forts and artillery. I therefore respectfully renew my recommendation that Colonel De Russy be made a brigadier-general of volunteers, in order that he may be assigned to that command.
In regard to the Army of the Potomac, I must respectfully refer you to my letter of the 18th. I have not now, nor have had since General Hooker assumed the command, any information in regard to its intended movements other than that which I have received from the President, to whom General Hooker reports directly.
     Very respectfully, your obedient servant,


     H. W. HALLECK,
     General-in-Chief.
     [Indorsement.]


MAY 24, 1863.
   Respectfully referred to the President for his orders. The opinion that the large cavalry forces of the Army of the Potomac should be so disposed as to afford protection against the enemy's cavalry raids upon our military depots and exposed points is concurred in by the general commanding the department, Major-General Heintzelman, and the Quartermaster-General, who, under my direction, has just made a personal examination as to the defenses of our depots at Alexandria. As General Halleck, for reasons stated, does not deem himself authorized to give orders to General Hooker, it is submitted to the President whether the circumstances do not require him to give such directions as upon consideration of the within report may appear to be necessary.


     EDWIN M. STANTON,

     Secretary of War.

Official Records, Series I., Vol. 25, Part 2, Page 516.

It is worth noting Halleck, commander of all U.S. armies,did not consider himself authorized to give orders to Hooker.  It was an unworkable situation, created by Lincoln himself.  It placed the General-In-Chief of the armies in a role most accurately described as an administrator.

May 22, 1863 (Friday): The Seige of Vicksburg Begins

Battle of Vicksburg (Harper's Weekly)

NEAR Vicksburg, May 22, 1863,
VIA MEMPHIS, May 25.
General H. W. HALLECK,
Washington, D. C.:
    Vicksburg is now completely invested. I have possession of Haynes' Bluff and the Yazoo; consequently have supplies. To-day an attempt was made to carry the city by assault, but was not entirely successful. We hold possession, however, of two of the enemy's forts, and have skirmishers close under all of them. Our loss was not severe. The nature of the ground about Vicksburg is such that it can only be taken by a siege. It is entirely safe to us in time, I would say one week, if the enemy do not send a large army upon my rear. With the railroad destroyed to beyond Pearl River, I do not see the hope that the enemy can entertain of such relief.
     I learn that Jeff. Davis has promised that if the garrison can hold out for fifteen days he will send 100,000 men, if he has to evacuate Tennessee to do it.
     What shall I do with the prisoners I have?


     U. S. GRANT,
     Major-General.

Official Records, Series I., Vol. 24, Part 1, Page 37.

Grant was correct in laying out the difficulties the Confederates would face, but his estimate of a week to take Vicksburg would be highly optimistic.  Sherman, McPherson, and McClernand made simultaneous assaults on the 22nd with a loss of 3,000 troops.

May 21, 1863 (Thursday): Of Officers and Whiskey

OFFICE PROVOST-MARSHAL-GENERAL, May 21, 1863.
Brigadier-General WILLIAMS,
Assistant Adjutant-General, &c.:
    GENERAL: In reply to the inclosed, I would respectfully state that I have no reason to doubt the truth of the charges against purveyors and caterers. A privilege,at first accorded to officers for the purpose of enabling them to obtain articles of necessity to them, and not embraced in the Sutler's list, or where it was impossible for sutlers to furnish them, has become an evil of enormous magnitude, flooding the army with intoxicating drinks, and loading down steamboats and railroad trains with articles entirely unnecessary, in the way of table delicacies, &c.
    The facilities afforded to these purveyors for obtaining transportation by the use of officers' names enables them to supply not only the officers of their respective commands, but to sell to the soldiers. The caterers are frequently detected in these nefarious transactions, and sent beyond the lines, but the facilities for rascality in their line are so numerous that it is almost impossible to prevent the abuse of these purveyors' pursuits.
I regret to say that the root of the evil is with the officers who give orders for unreasonable purchases, and the commanders who indorse them. Frequently the allowance of liquors on these orders for one officer per day has been from one to three bottles of whisky, and as high as a gallon and two gallons of fermented beverages additional. The vast numbers of purveyors, caterers, messengers, clerks, employes, &c., hanging upon this army are a curse to it; and refugees from taxation and conscription at home are fattening upon the plunder obtained here.
     Very respectfully, your obedient servant,


    M. R. PATRICK,
    Provost-Marshall General.
    [Inclosure.]

A complaint of Crosby and other sutlers in relation to the way they are treated. Cannot supply their regiments while purveyors and caterers are furnished transportation, &c. A copy on file, date May 11, 1863, referred to this office through headquarters Army of the Potomac, to be returned with report.

Series I., Vol. 25, Part 2, Page 513.

The best and worst in society turned out for the war and the officer ranks were no exception.  Discipline in the Army of the Potomac had improved in some ways under Hooker, but in his attitude toward strong drink there was room for mischief.  Officers north and south far too often imbibed to their disadvantage.

May 20, 1863 (Wednesday): Trimble Gets A Job Offer

General Isaac Trimble

FREDERICKSBURG, VA.,
May 20, 1863.
General ISAAC R. TRIMBLE,
Shocco Springs, N. C.:
   MY DEAR GENERAL: I am delighted to hear by your letter of the 13th that you are doing so well. I was very much grieved at your attack, and started one day to see you, but was told it was thought better you should be quiet. I hope you will soon recover your strength, but you must not return to the field until able to endure fatigue. I have a proposition to make: it is that you take command, if able, of the Shenandoah Valley. Colonel Davidson is in local command at Staunton. General Jenkins with his cavalry will be below. You will have all the Maryland troops, which I hope you will be able to organize and build up into something respectable. Their organization has been a failure so far, you will be in a beautiful, healthy county; can give general supervision of operations there; will form the left wing of this army, and shall have permission to capture Milroy and take Maryland as soon as you can.
    Let me know when you will be able to enter on your new command and I will issue the order. I want some one there at once, as I intend to bring W. E. Jones' brigade east of the mountains as soon as he returns from the west. He ought to reach Staunton to morrow.
     With many thanks for your kind letter, and feeling with you sympathy at our heavy loss of the great and good Jackson, I remain, very truly yours,


      R. E. LEE.

Official Records, Series I., Vol. 25, Part 2, Page 812.

Trimble was a difficult subordinate, having much influence in Maryland but little tact and a high estimation of his own abilities.  He had been wounded at Second Manassas and recovered with difficulty.  Trimble did have some ability and the assignment would be preferable to displaying an existing general within the current Army of Northern Virginia command structure.  Shocco Springs was a spa near Warrenton, North Carolina which utilized the local mineral waters, and at one time was the second most popular such resort on the east coast and heavily visited.