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[108] The Secretary of War has stated that before the Government moved from Montgomery 366,000 men, the flower of the South, had tendered their services in the army. Only a small fraction of the number were received. The Secretary was worn out with personal applications of ardent officers, and himself stated that in May, 1861, he was constantly waylaid, in walking the back way from his office to the Exchange Hotel, by men offering their lives in the Confederate cause.

Another instance of narrowness may be named in the case of William Cutting Heyward. He was a wealthy rice-planter and an eminently practical and efficient man, a graduate at West Point in the class with Mr. Davis. He went to Montgomery to tender a regiment. He sent in his card to the President and waited for days in the lobby without obtaining an interview, and then returned home. He finally died from exposure, performing the duties of a private in the Home Guard at Charleston. The reason alleged for not accepting more men was the want of arms, and Mr. Davis's book is an apology for not procuring them. Insisting that a great war was probable, and

Charles G. Memminger, first Secretary of the Treasury to the Confederacy. From a steel engraving.

inaugurated on the 18th of February,--there was no declaration of war before the middle of April and no efficient blockade of the ports for many months,yet it was in May that he started Major Huse over to England with instructions to purchase 10,000 Enfield rifles! By these facts may be gauged his estimate of the emergency or of the purchasing ability of the Confederate States. The provisional constitution provided that “Congress shall appropriate no money from the Treasury unless it be asked and estimated for by the President or some one of the heads of departments, except for the purpose of paying its own expenses and contingencies.” The Congress could, therefore, do nothing about the purchase of arms without a call from the executive.

But for the Treaty of Paris in 1778, made by Benjamin Franklin, Silas Dean, and Arthur Lee, with France, the independence of the thirteen original States would not have been established. It was deemed important in the Provisional Congress of the Confederate States to send commissioners abroad to negotiate for a recognition of their independence, and, in case of war with the States of the North, perhaps for assistance. The chairman of the Committee on Foreign Affairs, Mr. Rhett, reported such a resolution, which was unanimously adopted. As the treaty-making power of the Government belonged to the President, Congress could not dictate to him the limit of authority that should be conferred upon the commissioners, in the negotiations desired. But

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