| Transportation Office, C. S. A. |
| Quartermaster's Department |
| Richmond, Va. February 6th 1864 |
| |
| Col. A. F. Cone |
| A. Q. M. Genl. |
| |
| Col. |
| There is a misapprehension in
regard to the rights of officers claiming transportation while on
furlough. The ruling of the Department heretofore has been, that twelve
months soldiers who re-enlisted under the act of Decr 11, 1861, or were
conscripted, by Act of April 16, 1862, and were afterwards commissioned,
are entitled to transportation, on the ground that these laws were in
the nature of a contract, and that the right vested in the
party. |
| When the act of Feby 7, 1863, was passed,
authorizing transportation to soldiers who enlisted for "three years or
the war," those who, before or afterwards, became officers, set up a
claim for transportation when on furlough; but the Department decided
that officers were not beneficiaries under the act, as its
provisions extended only to non-commissioned officers and privates, and
that the law was an act of grace or gratuity only. [See page 143-4 of
the Q. M. Genls. Regulations 1862.] |
| The decisions in this office have conformed
to this ruling; but several cases have been taken to the Asst Sec. of
War, by the officers themselves, who has ordered transportation on their
furloughs. |
| Letters from various Post
Quarter Masters at different points, have been referred to this office
by the Q. M. Genl., touching this whole subject, and under these
circumstances, I respectfully suggest that the matter be again fully
considered, and special order issued by the Adjt. Genl for the
guidance of officers in the field, in granting furloughs, and for Post
Quarter Masters in deciding transportation thereon. |
| In order to avoid any further
misapprehension, it would be best for the Department to definitely
prescribe the form of certificate for endorsation upon the furlough,
which should state whether the applicant enlisted for twelve months or
the war, so as to decide the claim for commutation or transportation. |
| Respectfully |
| D. H Wood |
| Maj. & Q. M. |
| |
| {on back of
document} |
| A. A. Q. M. G. office |
| Richmond February 8/64 |
| Respectfully referred to the Quarter
Master General. The law and regulations are very clear upon this
subject, but the special decisions & allowances of the individual cases
has grown into precedents that lead to many abuses, and have greatly
confused the transportation agents. Agents transport the ??? are but
poorly informed on the subject, and need the creation of a special
decision into a general rule. |
| H. F. Cone |
| Lt Col & AQMG |
| |
| QMGO Feb 10, 1864 |
| Approved and respectfully forwarded to the
Adj & Insp Genl. |
| A R Lawton |
| Qr Mr Genl |
|