5, Leonidas J. Polk appointed to command of the Army of Tennessee to oversee the transition of the Tennessee Provisional Army to the forces of the Confederacy
ADJUTANT AND INSPECTOR Gen.'s OFFICE, Richmond, July 5, 1861.
Maj. Gen. LEONIDAS POLK, Commanding Military Department No. Memphis, Tenn.:
GEN.: In transmitting the inclosed copy of a communication to the governor of Tennessee, I am instructed by the President to desire that you will correspond with his excellency, and arrange with him the time for receiving the provisional forces of Tennessee into the service of the Confederate States in the manner indicated to him in the inclosed letter, and that you will detail from your command the officers necessary for that purpose.
Very respectfully, your obedient servant,
S. COOPER, Adjutant and Inspector Gen.
ADJUTANT AND INSPECTOR Gen.'s OFFICE, Richmond, July 5, 1861.
His Excellency ISHAM G. HARRIS, Governor of Tennessee, Nashville :
SIR: Your letter of the 24th ultimo, covering an authentic copy of proclamation declaring the independence of Tennessee, &c., has been received by the President.
In respect to the steps necessary to consummate the transfer of the Provisional Army of Tennessee to the Confederate States, mentioned in your communication, I am instructed to inform you that in order to accomplish this object it will be necessary to transfer to officers of the Confederate States service, who will be designated to receive them, the muster rolls of the several companies, battalions, or regiments, as the case may be. These muster rolls of the troops shall be made at their several camps and stations, the Confederate officers verifying, and this will form the basis for future musters.
Maj.-Gen. Polk, who has been assigned to the command of the military department embracing part of the State of Tennessee, will be instructed to detail the proper officers for the muster of the provisional forces of Tennessee in the manner above indicated, and for receiving the same into the service of the Confederate States.
I have the honor to be, very respectfully, your obedient servant,
S. COOPER, Adjutant and Inspector Gen.
OR, Ser. I, Vol. 4, p. 363.
5, Prominent Memphis citizens urge the appointment of Gideon J. Pillow as Commander of the Army of Tennessee
MEMPHIS, July 5, 1861
Hon. SECRETARY OF WAR OF THE CONFEDERATE STATES:
The undersigned have learned with deep regret, in an unofficial manner, that the forces and military command of this portion of the Confederate States has been tendered by the Government to another than Major General Pillow. We do not desire to reflect upon the discretion exercised by the Government in placing a distinguished citizen of Louisiana in command of the valley of the Mississippi, but we can not hesitate to express the satisfaction that it would have afforded the citizens and Army of Tennessee that this command should have been given to their own distinguished fellow-citizen Major General Pillow. His indomitable energy, his sleepless vigilance, his masterly ability, as displayed before our eyes since he took command of our army, has won for him the esteem of all, and we think fairly entitles him to leas the army which he has created. In a few weeks he has brought into the field a force of more than 20,000 armed and equipped, ready to meet the enemy. Taking command without ordnance, commissary, or quartermaster's stores, he is now fully prepared not only to resist but to make invasion. We feel than no eulogies that we could make would do justice to the services that he has rendered the cause, but we would simply and respectfully [want] to suggest to the Secretary of War, and through him to the President, that the appointment of Major General Pillow to the command of the active force on the banks of the Mississippi would be but an act of justice to him, and would give the greatest satisfaction to the force thus placed under his command.
(signed)William T. Brown, Smith P. Bankhead, P. Smith, M.C. Gallaway; Jno. D. Martin, Benj. S. Dill
MEMPHIS, July 5, 1861.
His Excellency JEFFERSON DAVIS, President, &c.:
SIR: I am presuming upon a slight acquaintance I had the honor of forming with you in this city several years since (and which it can hardly be supposed you can possibly recall in the midst of the constant labors and important events with which you have since been occupied), when I trouble you with but a word in reference to Maj.-Gen. Pillow, now in command at this point. Since he assumed his command he has been by no means free from criticism. Probably no man ever is under such circumstances. It is every day's experience that those who "never set squadron in the field," and are utterly ignorant of all military matters, feel themselves qualified to pass judgment upon the plans of the most experienced commanders. Possessing no military education or experience myself, it would be presumptuous in me to express an opinion, except upon such matters as may fairly come within the scope of the observation and judgment of all. And here I beg leave to say that since he has been in command here he has manifested a degree of energy and activity in organizing our State forces and in collecting the materials of war that has challenged the public approbation and called forth no slight expressions of praise. Hence I believe that the wish is pretty general that, having labored so energetically in the details of organization, he may be called into such more active service of the Confederacy as may be commensurate with his position and rank.
With highest respect, your obedient servant,
DAVID M. CURRIN.
OR, Ser. I, Vol. 4, pp. 363-364.
5, The Tullahoma Campaign from the view of a Wisconsin soldier
At foot of Cumberland Mts
July 5th 1863
We left Murfreesboro early on the morning of June 24th and although there has been no fierce battle fought there has been constant skirmishing and heavy artillery firing. We all expected to participate in a general engagement at Yalahoma [sic], but the enemy was hustled from there in "double quick" time, leaving many prisoners and arms in our hands. Our brigade has lost twenty-five killed and wounded. Everything seems to indicate that the confederates have abandoned all hopes of saving Tennessee from the "invading army". Still I doubt not we shall hear from them again before we get into Chattanooga. We are delayed here on account of the roads having been blockaded through the mountains in our front. Probably the obstructions will be removed in a day or two.
We just received the news of our grand victories at Gettysburg, and at Vicksburg. Our artillery is firing a salute and the boys are wild with delight.
J. M. Randall
LETTERS & DIARIES: The James M. Randall Diary
5, The establishment of a Civil Commission in occupied Memphis
"General Orders, No. 10."
Headquarters District of West Tennessee
Memphis, Tenn., July 5, 1864
I. A military court for the trial of civil cases is hereby organized, to be known as the "Civil Commission of the District of Memphis," with power to hear and determine all suits which may be brought before such court, coming within the jurisdiction hereinafter defined:
II. The officers of said civil commission shall be a judge, recorder, and marshal, to be appointed by the Commanding General of the District of West Tennessee.
III. The said civil commission shall have jurisdiction to hear, decide and grant relief upon the complaints and suits of loyal citizens, in the following categories of cases:
1st -- The collection of debts.
2nd -- The enforcement of contracts.
3d -- The transfer of the possession of real estate and personal property.
4th -- The settlement of partnership and other accounts between parties.
5th -- Proceedings for the redress and prevention of civil injuries.
6th -- The necessary action in cases of probate guardianship.
7th -- The granting of separate maintenance in suitable cases to married women and disposal of children and custody of property, in dispute between husband [and] wife.
IV. The commission shall have original jurisdiction in the classes of cases above named, and shall also take cognizance of such cases in appeal form courts of justice of the peace, including cases pending in the courts not now in regular action, when appeal may have been heretofore taken from the judgment of justices of the peace to higher courts.
Provided, however, that the commission shall not take original cognizance of cases exclusively within the jurisdiction of justices of the peace according to the laws of Tennessee, where there are justices competent to decide and give relief, nor of cases within the jurisdiction of the Federal courts for the District of West Tennessee.
V. Rules of practice and pleadings shall be prepared by the judge of the commission, proscribing the manner of conducting all proceedings, and including the bill of costs to be collected in all cases, which rules shall be as nearly as possible manifested to rules, heretofore obtaining to the courts of record in the state of Tennessee, and shall not be inconsistent with the Constitution and laws of the United States, or the military orders in force in the Department, and such rules of practice, when approved by the Commanding General, shall be followed strictly in al proceeding before the commissions.
VI. The commission shall not in any decision, order, judgment, or decree, recognize the legal existence of the institution of human slavery..
VII. The rules of evidence as to the competency of witnesses before the commission shall be the same as those now obtaining in military courts in the United States Army.
VIII. The commission shall have power to punish contempts committed in its presence, and conptempts of offices of the nature of official defaults.
IX. Each and every final order, judgment and decree of the commission shall be promptly referred by the judge of the Commanding General of the District of Memphis for his approval or in case of his inability, form whence or other cause to act, to the Commanding General, District of West Tennessee, and no such order, judgment or decrees shall be carried into execution by the marshal without such approval; no objection on the part of parties, to such approval will be heard, unless ground and proofs of such objection have been made part of the record in the case, before the commission, in notice duly served.
X. The officers of the commission, if not officers detailed from the United States forces, shall be allowed a reasonable compensation for their services, and in such cases shall each give bond in the Provost Marshal of the District of Memphis, in the sum of fifteen thousand dollars, for the faithful and efficient discharge of their duties. No officer of the commission will be allowed to receive from any person compensation either directly of indirectly, for their services, under penalty of punishment by military commission.
XI. Assistants, clerks and marshals may be employed, if found necessary, but the judge of the commission. The salaries of employed officers and assistants the rent of rooms for the sessions of the commission, and all the necessary expenses will be paid from the costs collected. The recorder will act as treasurer, and will render monthly accounts of all receipts and expenditures certified by the judge to the Commanding General for his approval. The balance of monies remaining in hand will be paid over monthly to the proper officers of the United States Government, on the order of the Commanding General, and the vouchers and exhibits filed at the Headquarters of the Commanding general of the District of Memphis.
XII. From and after the date of this order, all civil cases within the jurisdiction herein conferred upon the civil commission if brought to the cognizance of the military authorities must be brought before the city commission as herein prescribed
XIII. The following named persons are hereby appointed officers of the Civil Commission of the District of Memphis.
Barbour, Lewis, Captain 1st Missouri Cavalry, Judge; Charles W. Johnston, Recorder; Martin O. Hopkins Marshal.
By order of Major-General C. C. Washburn
W. H. Morgan, Assistant Adjutant General.
Memphis Bulletin, July 22, 1864.
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