QUARTERLY CIRCULAR.
Quartermaster General's Office,
Richmond, October 1, 1864.
The attention of all officers of the Quartermaster's Department is par-
ti cularlv directed to the following General Orders issued from the office
of/RMyymtant and Inspector General during the third quarter of the
clr^4iwV' [13^4], and also to the subjoined Circulars and Instructions.
General Orders, No. 59, July 8,1664.
V. Officers traveling under orders will be allowed transportation in
kind and ten dollars per diem. All General or Special Orders, which
give other or different allowances, fere hereby revoked. Generals or other
officers commanding a district, department or'army in the field, and chiefs
of the several military bureaux, are alone authorized to give orders that
will cany transportation.*
. General Orders, No. 60, July 21,1864.
I. Officers, contractors of the government and their agents, are pro¬
hibited from purchasing or using wheat for feeding horses.
General Orders, No. 63, August 6,1864.
III. Paragraph V, General Orders^ No. 59 (current series), is not in¬
tended to apply to officers and bonded~fegents who are continuously en-
* Explained and amended by General Orders, No. 63, paragraph III, and General
Orders, No. 71, paragraph V, post:
2
gaged in special service by order of the chief of the bureau to which they
belong, and whose duties require them to travel from place to place. In
such cases, personal expenses are allowable in lieu of commutation of
fuel, quarters and rations. Accounts of expenses will be vouched and
paid by the chief of the bureau from which the orders issue, and trans¬
portation will be furnished in kind.
Y- General Orders, No. 93 (1863), is hereby revoked.
VI. Paragraph I, General Orders, No. 49 (1863), is amended as fol¬
lows :
Surgeons in charge of hospitals will have the military clothing of de¬
ceased soldiers washed before turning it over to the quartermaster for
reissue. The appraisement of such clothing will not excccd^flS^>(iccs
established in General Orders.
VII. Great irregularities in the observance of the orders reg&#ii«{f the
collection of the tax in kind having existed, attention is called to para¬
graphs I, II, III and IV, General Orders, No. 48 (current series);* which
are repeated and enjoined upon the army. Those orders are not intended
to autli nize any quartermaster or commissary to establish tax depots in
organized tax districts, but to allow them in cases where exigency re¬
quires it, to collect from producers in government wago^i. The sup¬
plies already collected at the tax depots are always fransferable to them
upon requisition. Attention of quartermasters and commissaries is spe¬
cially called to this order. A violation of it is an outrage to the tax
payer, and the efficiency of the tax in kind service-demands that offenders
against it shall be held to strict accountability.
General Orders, No. 66, August 16,1864.
I. The extra pay allowed to men detailed from the army under the
" Act of Congress to provide for the compensation-of non-commissioned
officers, soldiers, sailors and marines in detailed service," approved June
9th, 1861 (G. O. 53, No. 8, ctirrent series), is established as follows:
1st. The extra pay for extraordinary skill or industry, or for extra
work contemplated in section second of the law, may be, in the city of
Richmond, not exceeding the amounts named in the following schedule:
* See Circular of July 1, 1864.
3
Superintendent,
1st class foreman,
1st " mechanics,
2d "
3d "
not exceeding $ 1ft ftft per diem.
7 50 " "
6 00 " "
5 50 " "
5 00 " "
Other employees showing nncommon skill or industry, 4 Oft " "
2d. The extra pay allowed in this schedule shall be regarded as pay
for ten hours' worlj; and for all work requiring "uncommon skill," done
in other than the regular ten hours, the pay shall be 5(1 per cent, greater
than the schedule price.
3d. This extra pay may be increased or diminished at other posts or
depots where work shops are established, in proportion as the market
prico^ftjirovisions is greater or less than in the city of Richmond; the
Secnatar^ bf War and of the Navy acting conjointly as to such increase
or diminution at points where there are establishments belonging to each
branch of the service.
4th. No restrictions will be placed on the amount of pay to be given
by contractors to detailed men, save that the wages shall conform as
nearly as possible to the wages received by similar classes in the employ
of the government.
5th. The extra compensation for piece work, where such work is to
the advantage of the government, shall be regulated in conformity to the
classification of workmen in section one—the commanding officer, with
the approval of the Chief of the Bureau concerned, fixing what shall be
regarded as a full day's work with " uncommon industry." Compen¬
sation for work turned out over and above the quantities so fixed, shall
be paid at the rate fixed by the "extra compensation" for full days'
work.
6th. This act is to be construed as applying to men detailed " from
the field," and does not apply to those attached in any way to an army
in the field.*
The allowance of two dollars a day is optional with the Chief of each
Bureau, and any less sum may be paid, according to the nature of occu¬
pation and services of the detailed man. It will be paid out of the funds
of the bureau employing hiin, and for the days in which work is actually
performed, uulioo otherwise specially ordered by Chief Bureau.
Skilled clerks,
6 00 " "
* Amended. See paragraph in, General Orders, No. 67, post.
4
Payments to men detailed in the Medical Department, except those on
duty with purveyors, will be made by the Quartermaster's Department.
7th. The clothing and rations issued to all classes of detailed and en¬
rolled men, shall be the same in kind and quantity as is issued t<5 sol¬
diers in the field, and shall be issued by the proper officer of the War
Department, in such manner and at such intervals as may be directed by
the Secretary of War. Whenever, from any cause, the ration cannot be
issued in kind, within ten days after it is due, it shall be promptly com¬
muted at its current value by the Commissary Department.
8th. In like manner, whenever the clothing allowed cannot, for any
cause, be furnished by the Quartermaster's Department, it shall be com¬
muted by said Department at the Qurrent local value of such clothing, to
be fixed by the Quartermaster General. s*
9th. The other allowances, viz: fuel and quarters, will be vronnjuted
to each detailed man according to rates fixed by the Quartermaster
General.
10th. These Orders will take effect from the first of August instant.
General Orders, No. 67, August 16,1664.
II. All horses, mules, wagons, harness and saddles in the hands of
officers, soldiers or citizens not authorized to retain them, branded " C.
S." or " U. S.," or captured from or abandoned by the. enemy, will be
turned in at once to the nearest post quartermasters. But the rights of
citizens, as established by General Orders, No. 61 (1863), are not intended
to be divested by the operation of this paragraph; and persons having
property under the conditions of that order, or who have property aban¬
doned by the enemy, of equivalent value to that taken from them, will
not be molested without a special order.*
Captain R. V. Gaines, A. Q. M., in addition to his present duty, is
specially charged with looking up and securing thq above described pro¬
perty. He will report, through the Inspector General of Field Transpor¬
tation, to the Quartermaster General.
III. Section 6th, paragraph I, General Orders, No. 66 (current series),
is thus amended:
This act is construed to apply only to soldiers detailed from the army,
* Amended by paragraph VI, General Orders, No. 73, post.
5
and to conscripts detailed by the Bureau of Conscription for service in
the several departments out of the field. The extra pay is not intended
for soldiers detailed for duty in the field.
IV. All men enlisted in the forces for local defence will he held respon¬
sible in the money value of arms, equipments, &c. belonging to the
government, and lost by them. All such men, who are employees of the
government, or of contractors under the government, will have the value
of lost arms, &c. deducted from their salaries or wages—the amount to
be turned over by the paymaster to the ordnance officer, or other officer
of the command, who may be accountable for the property to the treasury.
These officers are charged with the execution of this order, will account
to the treasury for the money turned over to them under it, and will make
quarterly reports of arms, equipments, &c. lost (giving names of parties
losing l^m), to the Chief of the Ordnance Bureau at Richmond.
VII. The commutation allowed enlisted men under, paragraphs III,
IV and VI, General Orders, No. 8 (current series), is fixed at two dollars
and fifty cents per diem, to take effect from August 20th; 1864.
IX. Issues of clothing to soldiers in general hospitals, located at posts
where an officer of the Quartermaster's Department is stationed, will be
made by the post quartermaster, or a subordinate officer designated by
him.
General Orders, No. 68, August 26,1864.
II. Requisitions may be made by any commissioner, appointed under
said act,* upon a quartermaster of a post in his district, for a reasonable
supply of stationery, to enable him to perform his duties, and also for the
payment of six advertisemgnts, in two newspapers to be published in the
district, of the time and place at which he maj» hold his sessions. No
allowances will be made for clerk hire or counsel fees.
III. The allowances to the commissioners will be paid at the treasury,
after being audited by the Second Auditor, from the fund for " contin¬
gent expenses of the army," and claims for services, under the act, by a
commissioner, will be sent to the Second Auditor, properly authenticated,
for allowances.
* "An act to provide for the establishment and payment for a certain description
of property taken, or informally impressed, approved June 14,1864."
6
General Orders, No. 71, September 6,1864.
II. Paragraph I, General Orders, No. 69,* current series, is thus
amended:
Purchases of corn, oats and forage from detailed persons will he made
by officers of the Quartermaster's Department; and their powers in
respect to such purchases will be the same as those given to the Com¬
missary Department.
III. General Orders, No. 75, 18C3, is hereby repealed. The extra pay
of men detailed for duty in the several departments in the field, will here¬
after be regulated according to paragraph 882, Army Regulations.
V. Paragraph V, General Orders, No. 59, current series, is so amended
as to authorize generals commanding reserve forces in the i0pective
states, to give orders that will carry transportation.
VI. Officers holding appointments in the general staff as assistant
adjutants and inspectors general, quartermasters and assistant quarter¬
masters, commissaries and assistant commissaries, surgeons and assistant
surgeons, will report by letter to this office, with the least delay practi¬
cable, setting forth their rank, corps, position and present assignment to
duty, and by what authority assigned: and changes which may hereafter
take place in their assignments, will in like manner be immediately re¬
ported by them to this office. A non-compliance with this order will
subject the officer concerned to a discharge from the service.
* Paragraph I, General Orders, No. 6!), current series.
I. The Bureau of Conscription will cause to be delivered from the proper officers
of the Bureau to the Chief Commissary in every state, a report containing the
names of all the persons in the state, with the places of their residence, who have
obtained exemptions or details as agriculturists, owners, overseers, managers farm¬
ers, planters or otherwise, as producers of grain or provisions, under the fourth
paragraph of the tenth section of the military act of the 17th February 1864, pub¬
lished in General Orders, No. 86, (current series), together with a statement of the
terms of the contract, the sureties to the same, and with all other pertinent facts
relating to the said exemption or detail. The officers of the Subsistence Depart¬
ment, under the direction 'of the Commissary General and Chief Commissary of
each state, are charged with the collection of the meat which any exempt or de¬
tailed men may have contracted to pay, and to give an acquittance therefor; also
to make whatever commutations or reductions that may be authorized by the act,
whenever the conditions are established that justify the same; and to make all the
purchases of the marketable surplus at the prices specified in the act, which the
same authorizes to be made on behalf of the government. The said Subsistence
Department being hereby clothed with authority to represent the government in
the enforcement of its claims under the contracts and obligations that the qct im¬
poses upon the exempts and detailed men described therein.
7
Yin. Commanders of departments and armies are prohibited from
granting leaves of absence to officers who report directly to the bureaux
to which they respectively belong.
General Orders, No. 73, September 22, 1864.
\
VI. Paragraph II, General Orders, No. 67, eurrent series, is amended
by striking out the words " will not be molested without a special order,"
and inserting the following language: "will be (allowed to retain it on
showing such right."
General Orders, No, 74, September 26, 1864,
Directs, that " whenever reserves are serving with active forces, no dis¬
crimination in the issue of rations and supplies of camp equipage be¬
tween the two classes of troops, will be permitted.
CIRCULAR OF AUGUST 27, 1864.
Quartermaster General's Office.
The Secretary of War has directed that all requisitions for funds by
officers of this Department shall show the balance in the hands of the
officer at the end of the preceding month.
Officers of this Department will hereafter, in making their estimates
for funds, accompany the same with a summary statement showing the
balance in hand at the end of the month preceding the estimate, or no
remittance will be made them.
A. R. Lawton,
Quartermaster General.
Attention is again called to the Circular from this office, dated Septem¬
ber 1,1864, instructing officers of this Department to use "certificates of
indebtedness" in payment for supplies, &c., in such amounts as public
creditors may be induced to accept the same.'
8
ADDITIONAL INSTRUCTIONS.
1. The following decision as to the relations sustained by officers of
this Department to commanding officers, in the cases specified, is pub¬
lished for the information of all concerned:
Office of Chief Commissary, Alabama,
Mobile, June 20, 1864.
These papers present the following questions:
1st. Does the order of a superior officer constitute a legal voucher to
a disbursing officer of the Commissary Department for an informal and
irregular transfer of subsistence stores ?
2d. Does the order of a commanding officer protect a post commissary
for a violation of the regulations of the War Department, fixing the army
rations, and interdicting commanding officers from altering the rations'
so established 7
. If there be any discretion or responsibility resting on a subordinate
officer as regards the execution of an illegal order from a superior, the
limits of that discretion and responsibility should be fixed by an authori¬
tative exposition of the War Department.
I forward the papers at the request of Captain Woodruff, for such
action as may be deemed advisable by the Commissary General.
(Signed)
John J. Walker,
Maj. Sf Com., Ala.
Respectfully submitted to the Secretary of War. Each private sol¬
dier and commissioned officer must, by law, when'he enters the service,
swear " to obey the orders of the officers appointed over him according
to the Rules and Articles of War." The 9th Article of War requires obe¬
dience • to the lawful commands of a superior officer. The question is
here presented, is the inferior to determine if the order be lawful or not ?
If so, he may at any time, even the most critical, question the legality
of any order that may be given him, and so defeat the object his superior
would accomplish. It is true, he would be liable to the penalty of his
disobedience; but it is also true, the superior who issues an illegal order,
is responsible for it, and may be punished according to the degree and
nature of his offence. When, therefore, there is similar liability, the
9
maintenance of military supremacy requires that the inferior officer should
in all cases obey the orders of his superior, given in the line of duty.
If Lhia reasoning he correct, answers to the general questions pro¬
pounded are given as follows:
1st. Paragraph 908, General Regulations, declare, that "an officer
shall have credit for an expenditure of money or property, made in obe¬
dience to the order of his superior officer. If the expenditure is dis¬
allowed, it shall be charged to the officer who ordered'it."
2d. Issuing officers must obey the order rff superior officers, though
violative of the General Orders of the War Department. There may be
at the time special circumstances, unknown to the inferior officer, which
would excuse the non-observance of such orders. He may, and should
in respectful terms make his protest against obeying the order; but the
responsibility of the infraction of the General Orders is devolved upon
his commander.
Thus far the opinions expressed are based up'on the supposition that
the relation ot commander and subordinate exists between the officers
issuing and receiving the order. A different question is presented when
the inferior officer is not actually under the command of the superior,
but is within his department limits, by order ot tbe Secretary of War,
for some specific purpose, and reporting directly to the Chief of the Bu¬
reau. Certain depots of supplies, and all arsenals and work shops are,
by orders of the Department, exempt from the control or interference of
superior officers. The reason is obvious. Supplies and arms are col¬
lected at such depots and arsenals, for the army at large. To permit
superior officers to issue orders to officers in charge of them, would
jeopard the well-being of the whole service. In such instances, excep¬
tion is made to the general rule, and an inferior officer may therefore dis¬
obey the order of an officer of superior rank, upon the ground that he
has no power or authority to issue it.
In this view, General S. D. Lee could not properly issue the order
complained of, and Captain Woodruff might have disobeyed it with
impunity.
(Signed)
H. D. Clay, A. A. G.
A. & I. G. O.
A. G. endorsement—Approved.
(Signed) I. A. S.
August 19, 1864.
2
10
2. The Chief Quartermaster at each post will make monthly reports
to this office, setting forth the names and duties of all officers of the
Quartermaster's Department on duty at such post; and should any quar¬
termaster or assistant quartermaster be stationed thereat, by any other
orders than those issued from the-Adjutant and Inspector General's office,
or by the Quartermaster General, the fact will be promptly reported.
Such Chief Quartermasters will exercise supervision over all other quar¬
termasters on duty at the post, and generally over all matters pertaining
to the interests of the Department thereat, but no permanent or distinct
change will be made in the duties of any subordinate offieer, without the
express sanction of this Bureau.
3. Whenever an officer of this Department may become detached
from the position to whifh he has been assigned, or whenever he may be
transferred or his duties changed, it is required that the facts in such
cases shall be communicated without delay to this office; and the date at
which any officer enters, on duty under a reassignment, must also be
reported.
4. Pay funds must be kept distinct from those of the Quartermaster's
Department proper, and officers assigned to pay duty with armies in the
field, are expected to discharge this duty themselves, and not to turn
over funds to other quastermasters for the purpose, except where troops
are temporarily detached.
5. Immediately upon the receipt of this Circular, and at the end of
each quarter hereafter, all officers of this Department, other than those
serving with armies tn the field, by regular assignment from the War
Department, will report directly to this office the nature and extent of
their duties, under what orders they are acting, and generally, any other
facts from which the value and necessity of their present services may
be ascertained.
A. R. LAWTON,
Quartermaster General.