p9rK 4Sf ^ YETO MESSAGE. EXECUTIVE DEPARTMENT, . Richmond, Feb. 1st, 1862. 5 To the Confederate Congress : -^ I return, with my objections, the Bill passed by you, en- titled " An Act to provide for granting furloughs in certain cases," Before proceeding to lay before you the special objections entertained to the provisions of this Bill, it is proper that I should express the firm conviction that it is, from the nature of things, impracticable to administer an army in the field, by statute. The Constitution vests in the Congress, the power " to make rules for the Government, and regulation of the land and naval forces." None can deny the wisdom of this provision, nor the propriety of the exercise of this power, by the Congress, in its full extent ; but there is an obvious distinction between making rules for the govern- ment of the army, and, undertaking to administer the army by statute. When rules are established for the regulation of such mat- ters as are in their nature, susceptible of fixed and unvary- ing application, there can be no impolicy in providing them by statute. Thus, we have by law, fixed guides for organi- zation, for the composition of the difi'erent corps, for the number of officers and their grades, for the respective duties assigned to the staff in its several branches and numerous like provisions that remain in force, in all localities, in the presence, as well as the absence, of the enemy, and, uninflu- enced by the exigencies of any particular occasion. But there are other matters which are essentially admin- istrative in their character, and are not susceptible of being determined by the rigid prescriptions of statutes, which ex- ecutive ofiicers are bound to obey, under all circumstances, and without the exercise of any discretion. Suppose Con- gress should attempt to fix, by law, of what a camp equip- age should always consist, or the precise kind and quality of clothing to be furnished or the exact amount and kind of transportation to be allowed for each icgiracnt, is it not ob- vious that these details depend so entirely on time, place and circumstance and are so essentially variable in their charac- ter that the uniform compliance ■with such laws, would be practically impossible. Suppose Congress should establish by law the precise proportion of infantry, cavalry and artil- lery to be attached to each body of troops in service, this would not be a rule for the Government of the arm}^ but an attempt at a statutory administration of it, Avhich could not but be found impolitic, even if it were practicable. Now, the act in question, presents precisely the same objectional features. It establishes a rule over which there is no discretionary power under any circumstances whatsoever ; by which a commanding General, in the face of superior numbers, and with his capacity for defence taxed to the utmost, may find his forces still further reduced by the action of his subordinate, not only against his consent, but without his knowledge and in ignorance of his necessities and the purposes of their Government. No more striking example could be afforded of the impolicy of such a law, than is presented by our condition at this time. Our armies are in force inferior to the enemy at the two points mo" It is plain that every man in the array, to whose health camp life was thus believed to be detrimental, could at once demand a furlough under this provision. Second, The Colonel's power to grant a furlough on such •a certificate, as is above mentioned, is without the check or control of higher authority, and is unlimited as to time and to number of cases. Third. Any soldier, that can get the certificate of any hospital surgeon, can be sent home on furlough or dis- charged Avithout the knowledge or consent of any of his officers, either company or regimental. The surgeon has only to certify that the soldier •' is too remote from his com- manding officer to procure his certificate for a furlough or discharge without inconvenience and delay." When troops are in the field, it is always true of a soldier in hospital, that the commanding officer's certificate cannot be obtained " Avithout inconvenience ^id delay," so that the soldier, absent from camp, can always get a furlough or dis- charge Avithout the knoAvledge of his commander. Fourth. The large number of soldiers, that Avill be con- stantly traveling on the railroads on the proposed system of a ten days' furlough for five per cent, of all the effective men, together with the sick leaves provided for, Avill form an average of probably not less than fifteen or tAventy thousand men in constant movement. This would occupy the transportation facilities, already much too limited, to such an extent as seriously to impair the movement of troops and supplies. In Avhatever aspect the proposed legislation is contem- plated, I cannot view it otherAvise than as dangerous to tho public safety, and I most earnestly recommend that, in taking it again into consideration, Congress will Aveigh any possible advantage that can result from this measure agains't the disasters, that are not only the possible, but, as it ap- pears to me, the probable results of its adoption. JEFFERSON DAVIS. A BILL To be entitled an Act to provide for Granting Furloughs in certain cases. Section 1. Tlie Congress of tJie Confederate States of Ame- rica do enact. That whenever the surgeon attached to any regiment, battalion or separate post shall certify that any private or non-commissioned officer of such regiment, batta- lion or separate post is incapable of performing military duty by reason of sickness, and that the health of said pri- vate or non-commissioned officer will, in his opinion, be im- proved by a temporary sojourn at home, the colonel or other officer commanding such regiment, battalion or separate post, may grant a furlough to said private or non-commissioned officer, for such time as may be thought proper by said colo- nel or other commanding officer : Provided, That upon the certificate of the principal surgeon of any Government hos- pital, that any sick or disabled soldier is too remote from his commanding officer to procure his certificate for a furlough or discharge, without inconvenience and delay, such soldier may be furloughed or discharged upon the recommendation of such surgeon, by the commandant of the nearest post. Sec. 2. Whenever it shall appear from the written state- ment of any private or non-commissioned officer of any regiment, battalion or separate post, approved by the cap- tain or other officer commanding the company to which said private or non-commissioned officer is attached, that it is indispensable to the pecuniary or family interest of said private or non-commissioned officer that he should visit home, the colonel or other officer commanding such regi- ment, battalion or separate post, uaay, in his discretion, grant a furlough to said private or non-commissioned officer for a period not exceeding ten days, with an allowance of such additional time as may be required for him to reach home and return to his post : Provided, however. That said colonel or other commanding officer shall not grant furloughs, for the cause and in the manner stated ii^ this section, to such number as to exceed, at any time, five per cent, of the force actually under his command. Sec. 3. In all cases -where furloughs shall be granted un- der this act, the notice of such furlough, required by existing regulations, shall be given. Congress, January 1G, 1862. Read first and second times. January 22, 1862. Read third time and passed, J, J. Hooper, Secretary. Digitized by the Internet Archive in 2011 with funding from Dul