-y *** -^1 v** &(< #-^ #^> f^i C^ r^; v c-* -v i^) 4 f^ '- * d|HB dfr Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/conventiondocumeOOsout CONVENTION DOCUMENTS. REPORT OF THE SPECIAL COMMITTEE OF TWENTY-ONE, ON THE COMMUNICATION OF HIS EXCELLENCY GOVERNOR PICKENS, TOGETHER WITH THE REPORTS OF HEADS OF DEPARTMENTS, AND OTHER PAPERS. COLUMBIA, S. C: R. W. GIBBES, PRINTER TO THE CONVENTION. 1862. RESOLUTIONS ORDERING THE PUBLICATION OF THESE REPORTS. In Convention, Sept. 15, 1862. " The Report of the Special Committee of Twenty-one was agreed to, and on motion of Mr. Barnwell, it was ordered that 2,000 copies of the Report, together with the Reports of the Heads of Departments, he printed for distribution. " On motion of Mr. Pope, it was ordered that the Reports of the sub-committees be printed in connection with the Report of the Special Committee of Twenty-one." In Convention, Sept. 17, 1862. M Resolved, That the two thousand extra copies of the Report of the Special Committee of Twenty-one on the communication of his Excel- lency the Governor and the accompanying documents ordered to be printed, be taken charge of by the Clerk of the Convention as soon as the work is finished, and that he tend the same pro rata to the several members of this body, for general distribution." *11f REPORT OF THE SPECIAL COMMITTEE OF TWENTY-ONE. The Committee to whom was referred the communication of his Excellency the Governor, transmitting the record of all the proceedings of the Governor and Council, had prior to the present session of the Convention, together with the reports of the several members of the Council and certain military correspondence between his Excellency and the President of the Confederate States, the Generals commanding the army in this State, and other persons, respectfully report : That the matter thus referred has received the careful consideration whic^its importance demands. The Committee have discovered nothing in the proceedings of the Governor and Council which seems to them to require any special action on the part of the Convention in the way of repeal, modification or animadversion; while it is not de- signed hereby to express an approval of all these proceedings. The duties, growing out of the exigencies of public affairs, which have devolved upon the members of the Council, have been exceedingly various and laborious, and have been discharged with signal diligence, ability and success, and, in the judgment of your Committee, with an exclusive regard to the public welfare. These gentlemen have, as their record shows, devoted themselves at great personal sacrifice, and, too often, amidst discouragements (the causes of which are unfolded in some of the reports) mortifying to the patriot, to meet the extraordi- nary demands which the peculiar condition of the State has made upon the Executive authority. The defence of Charleston and of the en- trance to Georgetown ; the survey and exploration of sundry routes of access for the enemy to the,interior of the State, and the obstruction of such access thereby; the efficient reorganization of the military when once and again thrown into confusion by the action of the Confederate Government; the procurement and distribution of arms and munitions of war, ordnance and ordnance stores, clothing and provisions and medical stores for the soldiers; the organization of negro labor, when called for by the military authorities of the Confederate States, with a view to reader the Bervioe required as acceptable as possible to the public; the preservation of iuterual order aud the repression of those various exhibitions of selfishness which imperil the public safety; with a great variety of other subjects of public concern, have iu turn en- gaged their attention aud enlisted their labors. By the services which they have thus rendered, they have placed tho State Under obligations which those ouly can appreciate who have had the opportunity of ex- amining their records. In the discharge of their duties they have beeu greatly aided by sundry public spirited and patriotic gentlemcu, who are named iu the several reports of the Chiefs of Departments, aud to whom the public acknowledgments of the Convention are due. Your Committee have, by their examination of these papers, been deeply impressed with the conviction that the ordinary powers of the Executive would have been entirely inadequate to effect the objects to which the labors of the Council have been directed, aud that the estab- lishment of such a body, with the extraordinary powers conferred upon it, was required by the coudition of the country aud the exigencies of the times. ™ Your Committee are of opinion that the publication and circulation of the several reports of the Chiefs of Departments which have been submitted are due to the people, the Convention and the Council, and they so recommend, with the reservation, however, to the Chief of the Military Department of the right to revise his report and omit such portions as, in his judgment, it might be impolitic to make public. In advising the publication and circulation of the report from the Depart- ment of Justice and Police, the Committee do not design to express any opinion upon the question whether any limitation can be imposed upon the power of a Convention of the People assembled under our State Constitution by the Act of the Legislature which calls it together. Into this question it is needless now to enter, for it seems plain to the Committee that every act of this Convention and of those who have acted under its authority, which is mentioned in the report from this Department, is embraced within the scope of the Act of the Legislature which provided for the election of Delegates to this Convention. The arguments contained in this report, especially those iu Parti., sustaining this construction of the Act and the competency of the Convention, the Council aud the several heads of Departments to do the acts done by them respectively and examined in the said report, command the ap- proval of the Committee, and, the Committee hope, will receive the con. currence of the Convention. The Committee report back to the Convention the military corres- pondence referred, with a recommendation that so much thereof as is specified in the class marked 4 in the enumeration of the sub-commit- tee's report, be read in the presence of the Convention, sitting with closed doors. The character of this correspondence is such as, in the judgment of the Committee, renders the general publication of it improper. The Committee are of opinion that it would conduce much to the satisfaction of the public mind, and tend to harmonize conflicting views of State policy, if " the records of the proceedings of the Governor and Council," as^contained in their book of minutes, could be printed and widely circulated and read, but they are deterred from making a recommendation to this effect by the great extent of this record and the consequent expense which its publication would involve. The Com- mittee, therefore, content themselves with advising that the injunction of secrecy be removed therefrom, and this record be open to the inspec- tion of the citizens of the State in any manner that will not interfere with the convenience of the Governor and Council. The several matters referred to your Committee were, for convenience and expedition, distributed to sub-committees, the sevenl reports of which sub-committees are herewith submitted to the Convention. Respectfully submitted, t R. W. BARNWELL. REPOKT OF THE SUB-COMMITTEE ON THE JOURNAL OF THE • EXECUTIVE COUNCTL. The sub-committee on the Journal of the Executive Council respect fully report, that they have carefully gone over the whole Journal, and have seen abundant reason in the record of the proceedings of the Couu- cil, to be satisfied that they have discharged the duties assigned them with great industry and fidelity, and with exclusive regard to the wel- fare of the State. It is also apparent, from the proceedings of the Council, that the ordinary powers of the Executive would have been entirely inadequate to effect the objects to which the labors of the Council have been devoted, and that the establishment of such a body, with the extraordinary powers conferred upon it, was required by the condition of the country, and the exigencies of the times. The Com- mittee see no reason why the proceedings of the Council should not be made public, but they are too voluminous to be printed, and it will probably be sufficient that the injunction of secrecy shall be removed. R. W. BARNWELL, Chairman, A. MAZYCK, G. MANIGAULT, H. C. YOUNG, J. J. PRINGLE SMITH. REPORT OF THE SUB-COMMITTEE ON " CORRESPONDENCE." The sub-committee to whom was referred the subject of " Corres- pondence, " beg leave respectfully to report : That the Correspondence consists of the following, to wit : 1. Two letters between Governor Pickens and the Secretary of War, on the subject of the right to fill vacancies in the South Carolina Reg- ulars. 2. Several communications between the Governor and the Secretary at War, and others, in relation to seven hundred stand of arms, be- longing to the State, but now in the Confederate army, in Virginia. 3. Correspondence between Governor Pickens and the Governors of other Confederate States, in relation to concert of action between the Executives of the several States. 4. Correspondence between Governor Pickens and the Executive of the Confederate Government, and also with Generals Lee, Ripley and Pemberton, in relation to the defences of Charleston and Georgetown, numbered from eight to nineteen inclusive. This last correspondence the sub-committee recommend should be read in the General Committee, and should also be read in Convention, in secret session, for the information of the members, but that it should not be printed. Respectfully submitted, BEN J. F. DUNKIN, Chairman, JOHN A. CALHOUN, EDWARD McCRADY, JOHN P. RICHARDSON. REPORT OF THE SUB-COMMITTEE ON THE REPORT OF THE CHIEF OF THE DEPARTMENT OF THE MILITARY. The sub-committee to whom was referred the report of the Chief of the Department of the Military, with the accompanying documents, respectfully report, The matter thus referred has been considered with the care which its importance demands, and nothing has been discovered which seems to the Committee to require the interference of the Convention. The duties which, in the distribution of the business of the Executive Office, were assigned to this Department, appear to have been exceed- ingly onerous, but they have been discharged with signal industry, ability, regard to economy and a large measure of success, at a great sacrifice of time, comfort and money on the part of the Chief, and often under circumstances of great discouragement, the causes of which are exhibited in the report. The thanks of the Convention and of the State are, in the judgment of the Committee, eminently due to the Chief of the Department and to his subordinates in office, as well as to the several gentlemen, named in the report, who have patriotically ren- dered their valuable aid in several particulars to this branch of the public service. The Committee are of the opinion that the report and such of the accompanying documents as are contained in the printed pamphlet ought to be published for the information of the people, subject, how- ever, to a revision by the Chief of the Department, with a view to the omission of such passages (which have been the subject of conversation between the Chief and the sub-committee), the publication of which might in his judgment be of even doubtful effect upon the public inter- est, and it is so recommended. Respectfully submitted, JOHN A. INGLIS, Chairman, W. F. DeSAUSSURE, JOHN L. MANNING. REPORT OF THE CHIEF OF THE DEPARTMENT OF THE MILITARY OF SOUTH CAROLINA, TO HIS EXCELLENCY, GOVERNOR PICKENS. REPORT. Department of the Military, S. C, Columbia, August 30, 18G2. To His Excellency, Governor Pickens : Sir : In obedience to your requirement, made under the fifth section of " An Ordinance for strengthening the Executive Department during the exigencies of the present war," passed by the people of South Caro- lina, in Convention assembled, in January last, I have the honor most respectfully to submit the following report : On the eighth day of January, 1862, I received a request from your Excellency, " to meet the members of the Executive Council for the purpose of being organized, as directed by the Ordinance." On the next day^ which was the one appointed, all the members of that Council met your Excellency at the Executive Office, and proceeded to organi- zation. The plan I proposed for the formation of Departments was adopted, and I had the honor of being assigned to the control of the Department of the Military. On the seventeenth of the same month " the rules made and estab- lished by the Governor and Council, for the management of the Depart- ment of the Military cf the State," preparedly myself, were, with a few modifications, adopted, and I then entered .on the duties of that Department. A copy of these rules is appended, (marked A.) On the eighteenth of January, special orders were issued by me to the several bureaus placed under my control, requiring a full report of the condition of each. From the shape and incompleteness of most of these statements, it was apparent that the " Army Regulations " had not been sufficiently the standard of form. Long experience has demonstrated fhat the close observance of these rules is essential to the establishment of system, the attainment of accuracy, and the enforce- ment of economy in the administration of military affairs. The system of regular and specific requisitions, according to form, for each month M 18 or quarter, was entirely neglected ; and hence, perhaps the several bureaus, with one exception, were burdened with debt when I came into office. The want of cash, and punctuality iu payment, made prices higher to the State than to some other buyers and contractors. In some instances, as I am informed by the heads of bureaus, purchases were rnudc at a rate enhanced five per cent, on cash prices. This evil was soon remedied, by enforcing strict conformity to the rules of regular, specific, monthly requisitions, and upon them, supplying the money for each month in advance. Iu this I was promptly and efficiently aided by all the officers under this Department. It was my desire to present accurately to your Excellency the condi- tion of affairs in the Military Department on the first day of January last, but, despite of the most unremitting exertions, I am notable to do so, because of the entire neglect of that system, order and observance, and application of the regulations I have referred to. As drill and discipline are indispensable to fit the soldier for the field, so time, expe- rience, and a thorough knowledge of approved forms, are equally essen- tial to qualify the officer for his bureau, and the clerk for his desk. It is no reflection, therefore, upon your officers to intimate that, as citizens, aroused from the peaceful pursuits of an entire life, without the requi- site experience, or superior guidance, they should be, for a time, embar- rassed, and perhaps confused, by the suddenness with which the vast and multiform military interests of the State and country were pressed upon them. I have called your attention to this point, to account for any apparent deficiency in extent of information or accuracy in detail during the period alluded to, and which it might have been in my power to avoid, and my pleasure to supply, if the bureau provisions of the Army Regulations had been enforced from the date of secession to the establishment of this Department. I have another object, and the main one, which is to urge that these Regulations be strictly observed in the future, as they furnish the only plan whereby the finances of the State can be effectually guarded, its resources properly developed and economically applied, and full justice be always done to the soldier, by the State being ever ready to supply his wants. It gives me great pleasure to bring to your attention, and through you to the State, my acknowledgments for the mauy valuable suggestions, as well as hearty cooperation, of the heads of bureaus, in my endeavors to produce order, efficiency and economy. I refer you to the numerous elaborate statements, exhibits, reports and accounts, made from their several offices, on file in this Department, as furnishing ample proof of 19 the fact that their positions, at least, have not been sinecures. And while our hearts thrill with gratitude and admiration for the heroic achievements of our war-worn soldiery in the field, we must not forget the silent, incessant and unapplauded toil of these ofiicers, upon whose labor depends, in no small degree, the credit of the State, and the maintenance, comfort and efficiency of the army. Without fidelity and efficiency in the Quartermaster, Commissary, and Ordnance Depart- ments, the genius of Napoleon would be brought to naught. They should, therefore, be considered as of the highest importance, and filled always and only with the ablest and most faithful and experienced officers. By a brief analysis, I propose to show, from the reports of the sev- eral bureaus, the extent of information they convey. It will exhibit their condition on the first of January and the first of July, 1862, embracing the first two quarters of the current year. I propose, also, to add, in appropriate location, the more important occurrences of the present quarter, and to the date of this report, and all other matters of interest in a military way, although not immediately connected with any of the bureaus. ADJUTANT AND INSPECTOR GENERAL'S BUREAU. First, the strength, condition and movements of our forces. From reports of the Adjutant and Inspector General's Office, I have compiled a statement (in the Appendix marked B.), showing that, on the first of January, 1862, the troops from this State, under Con- federate orders, were as follows : For the war 7,111 men. For shorter periods 20,251 " Aggregate 27,362 " Of this number, 4,082 were State militia, not mustered into Confeder- ate service, leaving really in Confederate service, subject to Confeder- ate control, only 23,280 men. It appears from the same report that there were at that time sixty-four companies of " twelve months volun- teers, for Confederate service," either in camp of instruction or under marching orders for it. The report contains nothing in relation to the condition of the militia of the State. Upon assuming the duties of this Department, I found the militia of the State virtually disorganized. The causes were manifest, and may be stated as follows : First, the heavy drain which had been made upon 20 it. Including the sixty-four companies in process of formation, esti- mated, say at 5,000, with the 27,362 already in service, there was then an abstraction of its Btrength of some 32,302 men, more than half of our arms-bearing population. Second, the indiscriminate recruiting actively going on, by special authority from llichruond, by officers in service, to fill up their ranks, by calls from the State to complete requi- sitions not fully answered, and by consequence of the Act of December, 1861, vacating all commissions under the grade of General, with the exception of volunteer companies in the Fourth Brigade S. C M. At this time, also, there were regiments and companies in the field, so scant in number as to make it proper to relieve them, for the purpose of reorganization ; and there were hundreds in camp, and some in front of the enemy, without arms of any kind. On the second of February last, the Secretary of War made a call upon the State to fill up the quota of troops enlisted for the war, to an amount equal to "six per centum of the total white population." As- suming our population to be 300,000, the quota would be 18,000 men. The Secretary supposed we had furnished, up to that time, about 0,000 men for the war, and called at once for five more regiments, expecting to make up the remainder by reenlistment among the twelve months volunteers. Being satisfied that he had under-estimated the number of meu, both for the war and for twelve months, I called on the Adjutant and Inspector General for a report, setting forth the facts. That report was made on the twentieth of February, 1862, and exhibits for the war 9,349 men, and for twelve months 21,321 — total, 30,670, sent into Confederate service. (See my report in Appendix, marked D.) Before the letter of the Secretary reached your Excellency, I had repaired to Charleston, in answer to several pressing calls connected with the military condition of the State, and with the duties of my office. While there, I conferred freely with the Confederate General in command of that District, 'with General Hist, and communicated with General Lee, on the various necessities of our military condition. Under instructions of the Governor and Council (see accompanying papers, No. 1), I issued orders for the reorganization of the Fourth Brigade, S. C. M., as one of the readiest means of obtaining immediate aid to meet threatening dangers. With the Adjutant and Inspector General, I considered and discussed the best mode of permanent organ- ization of the militia, to meet promptly whatever demands might be made upon us. (See report — accompanying papers, No. 2.) On my return, about the twelfth of February, I found the requisition of the 21 Secretary of War, of which your Excellency had previously sent me a copy. My first step, under the authority of the Governor and Council, was to issue appeals to the army of the Potomac, to the twelve months troops in this State, &c, to change the term of their enlistment from twelve months to Ihe war. (See accompanying papers, No. 3.) The report of .the twentieth of February, already referred to, dis- closed the fact, that although the troops for the war exceeded the esti- mate of the Secretary, still they were far below the quota required of the State. To meet this deficiency in the quickest and most effectual way, as well as to establish a system of reserves, to answer promptly all demands in future, on the seventh of March, 1862, the Governor and Council adopted a scheme prepared by the Adjutant and Inspector General Gist, in conjunction with myself. It was a system of enroll- ment and conscription. (See accompanying papers, No. 4.) The only patent defect in the scheme, is the clause of exemptions. The wisdom of the measure must be proved by its results. Under its stimulus, volunteering took place with such alacrity that our skeleton organiza- tions were rapidly filled, and new formations made. There was no necessity for drafts any where in' the State for Confederate service, ex- cept in the City of Charleston, where the Adjutant General encountered every species of harassment and delay. (See accompanying papers, No. 5.) On the twcnt}--eighth of April, 1862, the State had not only fur- nished the five regiments called for, but had exceededjthe quota by four thousand and sixty-four men, as appears from the report of the Adju- tant and Inspector General of that date. (See Appendix C.) Our conscription rolls had been competed, and the process of organ- ization and transfer was going on, when, on the sixteenth of April; 1862, the Confederate Congress passed its Conscription Act. This law, taking from the control of the State all of its arms-bearing men between the ages of eighteen and thirty-five, threw our militia and con- script reserves acain into confusion ; in fact, entirely destroyed the latter organization. The history of Forts Beauregard and Walker — the condition in which the State then was — pitiably weak and unprepared — excited, confused, and at the mercy of a bold and daring invader — gave us a lesson which we would be criminal to forget, or fail to im- prove. It became, therefore, necessary for us to adopt a new scheme, and that speedily, to insure our protection. Accordingly, on the twen- ty-fourth day of April, 1862, I had the honor to submit to the Gover- nor and Council a plan for the organization of two corps of reserves — 22 one for active duty in the field, the other for police and patrol duty. (The resolution?, regulations, orders, and other papers relating to the subject, will be found in the accompanying papers, No. 6.) I am happy to state that we have, of the first corps, ten regiments, fully or- ganized and officered, besides one company of mounted rifles, and others forming. It is believed that from them we could throw five thousand effective men, at short notice^ into the field, to check the enemy until our Confederates could appear. We have ammunition and arms of good quality — many of then the most approved kind — sufficient in number to arm the whole. The Combahee Rangers, organized under resolution of the Governor and Council, have been accepted, and are now in the special police and military service, for which they were organized. According to my information, they are rendering useful and valuable service. Some insubordination, in the firstjeorps, has occurred in several Dis- tricts, namely, in Marlboro', York and Lexington, the causes of which, and the means taken to reduce it, will be spoken of hereafter. From the report of the Adjutant General, of this date, it appears that the troops from this State, sent into Confederate service, are as follows : Infantry — Twenty-eight regiments, two legions, eight battalions, two companies. Artillery — Two regiments, one battalion, eighteen companies. Cavalry — Two regiments, five battalions, seven companies. Total — Thirty-two regiments, two legions, fourteen battalions, twenty- seven companies. Making an§ aggregate of forty-three thousand men contributed by the State to the public service. (See Appendix E.) While engaged in anxious labor to uphold the credit of the State, by responding to every just demand, and to defend her tionor and maintain her interests, we were startled by the intelligence of the purpose of the Confederate General to abandon the control of the approach to George- town, and thereby throw open all th«t valuable region to the invasion and ravages of a ruthless enemy. Protests and expostulations were immediately made against it. General Harllee was sent at once to General Pemberton, to communicate with him on the subject, and. to enforce, by a personal interview, the wishes and opinions of the Governor and Council. Upon his return, General Ilarllee made a verbal report, stating that General Pemberton declined to annul his order for the abandonment and dismantling of the forts, but intimated his intention 23 to leave such troops in the vicinity as the exigencies of the service else- where would permit. The President was addressed on the subject, and I asked him for guns, that we might undertake the defence ourselves. I believed then, and I believe now, that the region could have been successfully protected by us against the inroads and raids of the enemy, even if totally abandoned by the Confederate General. Governor R. F. W. Allston was the bearer of the communication to the President, and succeeded in obtaining two fine rifle guns, with equipment and ammu- nition — one a six-pounder, and one a twenty-four pounder — which were receipted for and deposited at Florence, subject to the order of General Harllee, whose report (see accompanying papers, No. 7) will show how they were finally disposed of. To use the guns and other arms which we had to meet the emergency, a call was made for one thousand men — subsequently reduced to five hundred — to be taken from the Fourth Division of S. C. M., and from two adjacent regiments in another. General Harllee was appointed by the Governor and Council to organ- ize aud command them. Accordingly, orders were issued to him to assemble the colonels of the several regiments indicated, and 'arrange with them the proportion and manner of supplying the call, either by volunteers or by draft, if necessary. All the necessary ordnance, quar- termaster and commissary supplies were immediately ordered to the points indicated by General Harllee, where they were received. Noth- ing was wanting but the men. The orders issued by General Harllee, now on file in this Department, and referred to by him in his report, show that there was no want of effort on his part to accomplish a work so important, and for which he had manifested so much zeal. It is with pain, sir, that I state to you the fact, that while the men were in the country, the spirit was wanting. Very few volunteered, and it became necessary to resort to a draft. Even this was eluded, to a great extent, by the rushing of those who were liable into Confederate ser- vice — many among those who submitted to the draft refused to obey the orders of General Harllee ; some took to concealment, while others stood in open defiance of the law; others, again, became predatory out- laws, and threatened acts of violence and robbery in the vicinity of the few troops which did assemble at Stone's Landing, on the Pee Dee. This state of things demanded the immediate attention of the Governor and Council. By their direction, the proper orders were issued, copies of which will be found in the accompanying papers (No. 7 a). Some of the recusants were seized and put into prison ; others warned and summoned for trial before a court martial. But the court itself seemed 24 to have been inadequate to the conception or performance of its duty, and the defaulters escaped. Perhaps it may be well to inquire into the supposed causes which produced this unhappy and disgraceful state of affairs. I do not believe that the body of the people in that section of the country were unpa- triotic, or inclined to the disobedience of lawful authority. I feel oth- erwise, for from that very quarter a full proportion of gallant soldiers have been sent to the field in Confederate service. But the time of the call was unpropitious to the agricultural interest ; the country to which they were ordered was supposed to be unhealthy at that season. The activity, and most of the energy, had been already extracted; the love of ease, convenience, and the desire to pursue ordinary vocations, had their full influence among those who remained. Still I believe these would have been overcome, but for the fact that there were some leading men, disaffected to the existing Government of the State, who seized upon the facts I have mentioned, and endeavored to poison the minds of the people by inculcating the idea that the authority from which {lie orders emanated was unconstitutional — that the Convention of the people of South Carolina was without lawful existence, and with, out power. They were stimulated and supplied with noxious pabulum, through the channels of an uninformed press. All have stricken at the sovereignty of the State. Thus, sir, were ignorance, indolence, selfishness, disaffection, and, to some extent, disappointed ambition, combined and made, unwittingly, to aid and abet the enemy, and, in like manner, to become the coadjutors of Lincoln and all the hosts of abolition myrmidons. It is believed that in this way, and by such influences, the Execu- tive authority of the State was frustrated, and prevented from securing from devastation one of the finest and richest portions of our country. The abandonment of the forts and the region about Georgetown, by the Confederate Government, came upon us at a most inauspicious mo- ment. All the troops we had then organized were, but a short time before, transferred to the Confederacy, to fill up the quota required by the Secretary of War; and all the conscripts we had then enrolled, and from among whom we could have raised a force ample for the defence of our eastern coast, were, at the very moment of need, swept from us by the Conscription Act of Congress. In this Connecticut, permit me to inform you that there are certain recusant captains, who mock at the power of the Convention, and pre- tend to defy the Executive authority which it has instituted for the exigencies of the war. (See accompanying papers, No. 8.) It is hoped that calm reflection and a returning sense of what is due to the State in her present emergency, will render unnecessary an appeal to the higher powers of the law. But if this hope shall prove fallacious, then I trust your Excellency and the Council will approve of the measures I have prepared to reduce them to obedience, to vindicate the majesty of the law, and to uphold the outraged dignity of the State. I ask leave, also, to submit, for the information of your Excellency, as part of the proceedings of my Department, the telegrams from the Mayor of Cheraw and General Prince, commanding Seventh Brigade of S. C. M., in relation to the expected advance of the enemy's gunboats up the Pee Dec river ; the authority I gave them at their request ; to the protest of many of the worthy citizens of Marlboro' District, against the proceedings of General Prince ; and my reply to the said protest- (See accompanying papers, No. 9.) The question of exemption from military service, and the seeming conflict between the State and Confederate law on that subject, was a source of some embarrassment, and made heavy drafts upon our time and attention. m The exemptiou of overseers — a matter so important to the agricultu- ral interests of the State, and so essential to a proper system of police — the Convention saw fit to confide to the Adjutant and Inspector General of the State. But the exemptiou of all other classes was left exclu- sively under the control of the Governor and Council. Fiuding that much anxiety prevailed on the subject, I caused the Adjutant and Inspector General to issue a notification to all concerned, that those who held certificates of exemption from the State authority, would be protected under them. Subsequently, and on the third day of April, I addressed a letter to the Secretary of War, at Richmond, representing the importance of the matter — suggesting a plan whereby all difficulty could be avoided, and urging the exemption of overseers and military cadets. The reply of the Secretary was not satisfactory. In the latter part of June, and early in July, when I was charged by the Governor and Council to represent the interests of the State in Richmond, I brought the subject, among other matters, to the attention of the Secretary, and again urged upon him its importance. I stated to him, that if there was one great leading principle which distinguished the original contest between the Confederate and the United States, it was the difference between them in relation to the sovereignty of the States. We warred to maintain the sovereignty and equality of each 4 • •ji; and all of our States, while they endeavored to obliterate the States and consolidate a despotic empire ; that the Governor and Council must be governed by our view of the principle in insisting upon the exemption; that we were but the agents of the Convention, which represented the sovereignty of the State, and which had imperatively commanded the exemption of overseers in stated cases; that for us the Ordinance of the Convention was paramount law, and that we owed it to the sovereign power to insist — we had no alternative. The Secretary, of course, could not alter the law of Congress, but assured me there should be no con- flict — that he had instructed his officer charged with the subject, to protest in cases where the State insisted, and send up the matter to Richmond. The question now has taken that turn, where it rests for the present. (Sec accompanying papers, No. 10.) The power of appointment to office in the organizations known as the Regular Artillery, Infantry and Cavalry of South Carolina, has pre- sented another vexed question, causing much correspondence, and some conflict. The power, for what seemed to be sufficient reasons, though not admitted to be in the President, was finally transferred to him. For full information on this subject, I refer you to the papers which accompany this report. (See accompanying papers, No. 11.) In obedience to the resolutions of the Governor and Council, I cor- responded with the Confederate General commanding in South Caro- lina, in relation to guards for the railroad bridges and trestles in this State. It will be seen that he declined to make a detail of men for that purpose. (See accompanying papers, No. 12.) The defence of the City of Charleston has been, to us all, a source of constant solicitude. I have looked with deep interest, and some anxiety, on the preparations, material and progress of the defensive works. By request, I have ventured suggestions, and by authority of the Governor and Council, I have had correspondence and personal interviews with the President and General Cooper, in Richmond, touching all these subjects. Of my official visit to Richmond, I made a verbal report to the Governor and Council, which, under all the cir- cumstances, I trust your Excellency will hold to be sufficient. I found the President, the Secretary of War and General Cooper keenly alive to the importahce of an effectual defence of the City and State, and willing, at all times, to do all in their power to advance our wishes and interests. From the Piesident, I am able to tender the State, through you, the assurance, that, when the day of trial comes, he will not be unmindful of his duties — nor grudging nor slack in his performance of them. (See accompanying papers, No. 7 b.) 27 Being impressed with the inadequacy of the communication between Charleston and James' Island, as well as between the city and the forts in the harbor, I directed Mr. J. R. Niernsee, who was engaged in building flats to transport stone for the Santee obstruction, so to increase his force as to enable him to build a sufficient number to establish an easy and adequate communication between White Point and James' Island. He has experienced great difficulty in procuring cither mate- rial or labor. The work, therefore, is for the time suspended. I submit, however, that it should not be permanently discontinued. The gallant defence at Secessionville has saved the city. The brave and indomitable Lamar, and his gallant comrades, whilo winning renown and immortal honor for themselves, have placed their country under obligations of lastiug gratitude. The defeat of the enemy at Secessionville, and the great victory before Richmond, have obtained for us a short respite, which I trust will be properly improved. As germain to the subject I ask leave to state the connection of this Department with the vexatious question of impressment of negro labor. It began with correspondence with General Ripley, in Charleston. On my return to this place, on the sixth of Februar} T , 1S62, I had the honor of proposing to the Governor and Council the following resolu- tion : " Resolved, That it be referred to the Chief of Justice and Police, to inquire into and report on the propriety of rescinding, suspending or modifying any Act or resolution of the General Assembly of this State, giving power to the Governor and commanding General or Generals of the Confederate States, in South Carolina, to impress and seize, without notice, the negroes and other property of the citizens of this State ; also, upon the expediency of adopting such resolutions as will at the same time procure prompt and efficient labor to the Confederate Govern- ment in this State, and protect the citizens from unnecessary irritation or injustice." It was not acted on, for some good reason, I suppose, probably be- cause we were induced to believe that each call would be the last. This Department after that had no connection with the subject. Sub- sequently, it was considered by me only as a member of the Council. My communications on that subject will be found in the accompanying papers (No. 18). I ask attention to the correspondence between Gen. Ripley and myself, as early as February last, to show that the Confed- 28 erate commanders did not then contemplate the present magnitude of their works, as I have recently affirmed, in my communication to the Commissioners of Roads for Abbeville. Eariy in July last, information was received from General Pemberton, announcing the advance of the enemy's gunboats up the Santee, and asking for State troops to defend the railroad bridge across that stream. Adjutant General DeSaussure was immediately dispatched to organize the force called out, and conduct the movement. For an account of his proceedings T refer to his report, herewith sent. (See accompanying papers, No. 14.) The Legislature, at its extra session in 1861, appropriated the sum of twenty thousand dollars for recruiting and reenlisting the regular forces of the State. And again, in December, at the regular session, by reso- lution, authorized the Governor to apply the additional sum of fifteen thousand dollars to the same purpose. What proportion of this sum was expended before the formation of this Department, I have no means of ascertaining. • Since that time seventeen thousand dollars have been expended, or remitted to the following officers : To Major Thomas Wagner §12,500 To Major J. C. Simkins 2,500 To Captain T. B. Ferguson 2,000 §17,000 All returns of moneys spent are made and vouched at the Department of the Treasury, and as none have reached me, I refer you to the Chief of that Department for further information. I believe, however, that there has been no regular return, except by Major Simkins. QUARTERMASTER GENERAL' S BUREAU. For the condition in which this bureau was found, for the changes in its organization I had the honor to suggest, in order to make its opera- tion lawful, efficient, and more economical, I ask leave to refer to a report made by me in February last. (See accompanying papers, No. 15.) The returns made in obedieuce to orders from this Department show that, notwithstanding the heavy payments made during three months, from the first of October, 1861, to thirty-first December, 1801, amounting to 8370,177 17, this bureau was, on the first day of Jauuary, 1862, burdened with a debt of nearly §170,000. It was consequently trammeled in its operations. It might have been profitable, if it had 29 been possible, to pursue the investigations through a period anterior, but this could not be done, because I have failed to obtain any satisfac- tory records or returns, or any showing whatever, previous to the admin- istration of the late Col. Glover. And even from these I am unable to collect that detailed information on some points which it was desirable to present in this report. There is, however, sufficient evidence to show that a large part of this heavy expenditure was made on account of the clothing department, established under the order of your Excellency, in September, 1861. Should the amount due for clothing ever be collected, it will properly go to the credit of that outlay, as should also a due pro- portion of the issues of the present year, and of the stock on hand on the first day of July, 18G2. The cash transactions of the first two quarters of the current year, as condensed from the returns on file in this Department, exhibit the fol. lowing results: (See Appendix, F.) Receipts from all sources, from January 1 to July 1, 1862. ..$274,522 05 Expenditures for all purposes 289,702 29 ♦Balance on hand July 1, 1862 £34,819 76 Of this balance, §30,000 are held in thirty several Confederate bonds, bearing eight per cent, interest, which I directed the Quartermaster General to take in payment for sales made to the Confederate Govern- ment. The annual interest of these bonds will more than pay the salary of the Quartermaster General. Of the expenditures, §109,*047 56, more than three-fourths of the whole amount, were required to meet the liabilities incurred before this Department was established, leaving the comparatively moderate expenditure of 870,654 73 for the transac- tions of the current year. This sum includes the extraordinary expense of removing the bureau and stores from Charleston to Columbia. The changes in the bureau force, suggested in my report, referred to, and authorized by. the Governor and Council, have been made. The results, as exhibited in the Appendix (marked G.), show a reduction of more than half in the item of salaries, an aunual saving, when compared with the highest expenditure, as shown in the account, of $8,305 60, and * Balance on hand July 1 .§34,810 76 Receipts during July 55,056 19 {89,874 05 Expenditures during July 6,484 4'i Balance on hand first of August, 1862 §83,390 53 30 when compared with the lowest, an annual saving of SG,205 GO. Not- withstanding this effort at economy, the operations of the bureau have been conducted with a vigor and promptitude fully adequate to any demand which lias been, and, it is believed, which may be made upon it. It is now entirely free from debt, and I have no doubt that its efficient condition will not only be sustained, but increased, by the able, energetic and experienced chief now at its head. Exhibit II., in the Appendix, is an abstract of the purchase and issue of leading articles from the first of January to the first of July, L862. In my report of the seventh of February last (before referred to, aa No. 15, accompanying papers), I called the attention of the Governor and Council to the fact, that the mode of supplying clothing, &c, to the soldiers, was not in accordance with the Act of Congress, passed August, 1861, and by dealing with the captains of companies instead of directly with the Secretary of War, as the law provides, I feared would occasion great loss to the State. I stated that I did not dis- continue the system at once, because our interests had already become entangled with it, but I urged such discontinuance at as early a day iu the future as they would permit. The results of the system are more disastrous than I then thought possible. Although the returns indicate a large increase in the collec- tions for clothing sold, as will be seen in Exhibit F. (before referred to), still, on the first day of July, 1862, there was due by officers for clothing thus sold them, the sum of §127,288 9-4, and it is presumed that no considerable portion of this amount will ever be collected, as the frequent changes occurring from death, transfer, discharge, promo- tion, &c, will render the most untiring efforts for that purpose unsuccessful. But this loss, large as it is, does not cover the question. The ad- vanced price of clothing material has rendered the fifty dollars commu- tation allowed the soldier for elothiug inadequate, as will be seen by reference to a tabular statement accompanying the repo\t of General Jones on this subject. (It is appended, marked I. ; also, see the accom- panying papers, No. 16.) From this statement it appears that, by pur- suing this system to the same extent as heretofore, and with half the number of men we have now in the field, the State would lose, in one year, the sum of nine hundred and forty thousand dollars, cveu were we able to collect every dollar of the commutation money. The risk of this enormous loss, as well as that actually sustained, was entirely unne- cessary, in my judgment, as the Act referred to provides, "in case any 31 State shall furnish to its troops and volunteers in the Confederate ser- vice such clothing, then the Secretary of War is required to pay over to the Governor of such State the money value of the clothing so furnished." Such being the case, I have directed the Quartermaster General to dis- continue the system in its present form, but obtained the authority of the Governor and Couucil to continue the traveling agent in Virginia for the present, with a view of making further collections, if possible. In accordance with the resolution of the Governor and Council, adopted the twenty-eighth of April, 1862, I have appointed General James Jones a commission to inquire into and report upon the matter of future supply of clothing for all our troops. I have his report now before me. In cbedience to the resolution of the eighth of August, 1862, I have ordered all the officers therein named under bond. COMMISSARY GENEBAIi'b BUREAU. I found this bureau in admirable condition, and in the hands of the efficient officer now at its head. The stores on hand were, in some res- pects, limited, but measures had been previously taken to increase them largely. The cash transactions for the present year are shown in the Exhibit marked J., in the Appendix.. They present the following aggregate results : Receipts from all sources 8152,952 44 Expenditures for all purposes 132,686 23 Balance on hand the first of July, 1862 820,256 21 Exhibit K. shows the cost value of stores on hand on the first day of July, 1862, to be 8117,211 21. Their present market value is more than double that amount. This statement does not include the heavy stores of beef and bacon cured and packed in the upper Districts by Mr. Robert Adger. The correspondence in this Department shows that this patriotic citizen, failing to receive any authority or guaranty from the State, upon the earnest assurance of Colonel Walker, the Commissary General, that he deemed the measure of vital importance to the welfare of the country, assumed all the risk, advanced the funds, and devoted his time trmtuitously to the purchasing, slaying, curing and packing of beeves and hogs, to the extent of more than one hundred tons in weight, which he placed at the control of the State. Such conduct, in these 32 times of extortion, stands out in bold relief, and merits, as it will receive, the admiration and gratitude of his country. The Commissary General, while receiving this valuable contribution, is now engaged in settling the account of Mr. Adger. Exhibit L. will show the leading purchases, issues and balances for the present year. From statement J. it appears that the Confederate Commissary lias been, to a large extent, supplied from our stores. By reference to the orders and correspondence (see accompanying papers, No. 17), it will appear that I ordered a temporary discontinuance of these sales, for reasons assigned, giving to the Commissary General dis- cretion to resume in conformity to the general purpose I had in view. This measure was attended with very favorable results, inasmuch as heavy stores, in consequence, were purchased by the Confederate Gov- ernment from the Sea Islands and abandoned and exposed plantations, while the State was thus enabled to husband its already secure supply j to meet unforeseen contingencies. The accompanying papers (No. 18) will show that I ordered the col- lection and purchase of three thousand casks of rice from exposed regions, and afterwards, by authority, duplicated the quantity. Owing to the extravagant prices demauded for provisions, I have deemed it expedient to instruct the Commissary General to supply the Commissariat of the South Carolina Military Academy with stores at cost prices, thereby effecting a large saving to the State, without im- pairing our resources to any appreciable extent. From time to time our stores have been carefully inspected, and reported in good condition. The one hundred and eighty-six sacks of salt, seized in Cheraw last fall, by the order of your Excellency, was, by authority, sold as directed in my order. (See accompanying papers, No. 19.) 1 have, also under authority, directed the Commissary General to distribute the eighty sacks of ocean salt we have on hand to the Sol- diers' Relief Associations of the several Districts, to be sold in small quantities, at cost, to the families of our soldiers in service. The upper and more populous Districts have received the first supply, and we expect to send, as fast as it comes to hand, a due proportion to each District in the State. I have purchased, for the sum of four thousand five hundred dollars, a large brick store, for the use of this and other Departments. The purchase is a good one, and the title is in the State. The building can now be sold at a large advance, if the State desires to sell. 33 Exhibit L. also shows the locality of the stores, &c, where they are deemed safe. Notwithstanding the heavy expense of transporting them into the interior, there has been a considerable reduction in the bureau expenses. SURGEON GENERAL'S BUREAU. This bureau, in charge of the Surgeon General, has not been organ- ized in accordance with the plan suggested in his report (see accompa- nying papers, No. 20), because we have had no large bodies of organized forces in State Service. Should, however, the Confederate Govern- ment leave our present organization undisturbed, it might be well to consider and act upon the suggestion of this officer. The cash transactions have been as follows : Received from Treasury, under appropriations of the Leg- islature $2,000 00 Expenditures on Hospital account, as per vouchers filed in this office 763 12 Balance on hand §1,236 88 At the suggestion of the Surgeon General, I issued an order, in July last, directing the establishment of a Way-side Hospital at Kingsville ; since which date it has, under temporary arrangements, dispensed its benefits to the sick and wounded soldier on the way. I am happy to be informed, by the Surgeon General, that the permanent hospital building is nearly ready for occupation ; and with the facilities now at our command, we have good reason to hope that the sufferings of the soldiers in transitu will be greatly alleviated. In the latter part of March, I obtained the authority of the Governor and Council to transmit, by the hands of a trusty agent, exchange on Europe for the purpose of replenishing our exhausted medical stores. We have quite recently received the bulk of our purchases safely, and I trust that the Surgeon General will have it in his power to open and report upon them before this report is closed. From the supplies received, I have directed him to sell to our soldiers in service an half- ounce of quinine each, at one-half the current rates. PAYMASTER GENERAL'S BUREAU. This bureau, like that of the Quartermaster General, was burdened with pressing claims. The troops called out by your Excellency, in 5 34 November, 18G1 , and placed under the command of Confederate officers, although never regularly mustered into Confederate service, being all the time, however, actively employed under Confederate authority, it was hoped that the Confederate Government would pay them; this it failed to do, and our unpaid soldiery became clamorous for their pay. Imme- diately after taking charge of my Department, I presented these facts to the Secretary of War, who replied that the State must meet these claims for the present, and leave the matter for future adjustment with the Confederate Government. 1 then, under authority, instructed the paymaster to prepare estimates. The operations of this bureau have been principally confined to the examination and settlement of these claims. The cash transactions, exhibited in the Appendix (marked M.), show the following aggregate results : Receipts from all sources, to 30th of June $57,788 89 Expenditures for all purposes " " " 54,405 23 Balance on hand the first of July £3,3s; 66 The Paymaster General has no clerical force in his bureau, and has faithfully discharged the duties of his office. engineer's bureau. The State has no organized Bureau of Engineers, nor any engineer corps; but under this head I may refer, with propriety, to several reconnoissances made under my instruction. (See accompanying papers, No. 21.) With a view to obstruction and defence, in February* last, I caused a reconnoissance to be made of the Santee and Pee Dee rivers. Th^ first was conducted by a commission composed of Messrs. John L. Manning, John 11. Niernsee and John Macrae. It w y as thoroughly done, as will appear by the report of the ccftnmission, herewith sent. The obstruction in the Santee was not immediately begun, as it was not deemed, at that time, necessary, the enemy not then being in possession of any gunboats of draft light enough to pass the bar at the mouth of the river. Not feeling easy, however, for the safety of the railroad bridge across that stream, and of the plantations below, I directed the obstruction to be made some time in May last. It is not, however, suf- ficient, and I am now prepared to make it of a character so formidable that no boat can pass, provided 5t is defended by a battery and a few 35 rifles. The direction of the work will be under Mr. Niernsee, in whose engineering skill and ability I have gre,at confidence. This obstruction is below Lanneau's Ferry, and will guard both the Congaree and Waterec rivers. The reconnoissance and obstruction of the Pee Dee river were intrusted to a commission consisting of Generals Harlle'6 and Gonzales,* Mr. Geddes and others. This obstruction, at Stone's Landing, on the Pee Dee, has been complete for many months. The work was promptly and energetically done. It is supposed to be adequate, and is guarded by a battery and some infantry. For further information on this sub- ject, I refer your Excellency to the report of General Harllee, which is herewith sent. jThe cost of the reconnoissanccs was but small — the gentlemen of the commission charging only their personal expenses. The obstruction on the Pee Dee cost us, according to the report, four thousand four hun- dred and twenty-six dollars. That on the Santee is not complete, but we suppose will not cost more. I caused still another reconnoissance to be made, which was of the mountain passes leading to this State from Tennessee, North Carolina and Georgia. This was performed by Messrs. J. R. Niernsee and John Macrae. It may yet prove very useful. For the manner in which it was done, and for full information on the subject, I take great pleasure in referring you t6 the elaborate report of these gentlemen, herewith sent, and to the beautiful map which accompanies it. The entire cost of all the reconnoissances and obstructions, as far as rendered, will be seen to be comparatively small. (See Appendix N.) Expenditures $5,458 33 Cash drawn from Treasury 5,458 33 ORDNANCE BUREAU. On assuming the supervision of this bureau, I discovered that its large stores of ordnance and small arms had been scattered broadcast over the Confederacy, and its efficiency much injured by an irregularity which I will notice hereafter, and of which the able officer in charge complained. As the best method of presenting its condition, I propose a brief review of the operations of 1861. A tabular statement, pre- pared from reliable data, furnished by the laborious investigations and elaborate reports of Major Eason and Captain Thomas, is hereto appeuded (marked 0.), and shows the followiug results: 36 Tlcavy Ordnance — On hand December, 1860 103 Purchased from Tredegar Works in 1861 10 113 Issued 100 On hand the first of January, 1862 13 Field Artillery — On* hand December, 1860 66 Donated by Messrs. Fraser & Co 2 " " P. C. J. Weston & C. K. Prioleau, 1 / each 2 70 Issued 52 On hand the first of January, 1862 18 Muskets and Rijles— On hand December, 1860 27,407 Bought by order of Governor Gist 4,850 32,257 Issued or unaccounted for 29,086 3,171 Deduct condemned, " Irreparable " 452 On hand the first of January, 1862 2,719 Of side arms, two thousand two hundred and seventy-one pistols, and two thousand three hundred and thirteen swords and sabres, had been distributed, leaving none of the former, and only three hundred and thirty-five of the latter, on hand the first of January, 1862. Powder — On hand December, 1860, pounds of, 20,400 Purchased in 1801 417,550 437,950 Issued 373,897 64,053 Deduct old and damaged... 4 ; 843 On hand first of January, 1862, pounds of, 59,210 From the statistical tables (accompanying papers, No. 22,) it ap- pears that a large proportion of these issues were sent beyond the limits of the State, to various points in Tennessee, Florida, Georgia, North Carolina and Virginia. With reference to the irregularity in the bureau, of which I have spoken, I submit the following extract from the able report of Major Edward Manigault to the Board of Ordnance, made November twenty-first, 1861: 37 "There is one crying evil which I must state broadly and distinctly. The Arsenal Keepers in Charleston and Columbia arc instructed to issue ordnance and ordnance stores on the order of the Governor, or his Adjutant General; on that of the Board of Visitors; on that of the Board of Ordnance, through their Chairman; on that of the Chief of Ordnance, and to the Major General of the Militia commanding the division in which the arsenal is. Whatever the precise instructions may have been, there is no doubt this has been the practice." In con- sequence of this irregularity, it became necessary to give the ordnance officer an order not to issue any ordnance or ordnance stores without the express order of this Department, or of the Governor and Council. The weakened condition of this most important branch of our mili- tary strength was more deplorable, because existing at a time when the enemy, flushed with having successfully established himself at Port Royal, was arrogantly threatening our speedy subjugation. Prompt and efficient action was required to place this bureau in a condition of adequate supply. At the first meeting of the Executive Council, on the ninth of January last, I had the honor to propose the resolution then adopted. (See accompanying papers, No. 23.) Under its provisions, I forth- with published a call for the collection and return of State arms and equipments, inviting those who had more than one rifle or double- barrel gun to send them to the Department, to be paid for at a fair valuation. I corresponded with parties of known energy and prudence, authorizing them to collect public arms, and purchase effective weapons in private hands, and appointed Captain T. W. Iladcliffe General Agent of the State for that purpose, giving him authority to appoint sub-agents, under instructions. The result of this movement was not only to secure some hundreds of serviceable rifles and double-barrel guns, but also to gather into the State Arsenals several thousand public arms and accoutrements, nearly all of them serviceable, or susceptible of being rendered so, and four light bronze field pieces, with equipments. In addition, valuable dona- tions of small arms, lead, brass, &c, were made by patriotic citizens; and various congregations and corporations, moved by a holy impulse, freely forwarded their bells to be moulded into cannon. The accom- panying papers (No. 24) furnish the more important details of these collections and contributions. Under the direction of the Governor and Council, I appointed Mr. David Lopez General Superintendent for the manufacture and repair of small arms. | Sec accompanying papers, No. 25.) For the repair of arms, and the manufacture of pikes, in which I had never an}* faith, the work-simps were occupied in the State House grounds. At this period, the demand upon my time and attention from this and all the bureaus, and from an infinite number of other sources, became so oppressive, that I obtained the assent of the Governor and Council to form the Department of Construction and Manufacture, to the control of which was assigned the Hon. W. II. Gist, in whose hands the work has been energetically pressed. For further information on the subject, I refer you to his report. In the latter part of March, under authority, I transmitted, by Mr. Evans, of Charleston, a bill of exchange on England for the purchase of rifles, ammunition, equipments, medicines, iVe. Nearly all have safely reached us. Some cases were thrown overboard while running the blockade. Of the rifles (Enfield), we have now at the Arsenal at Columbia 2,535. The purchases made under this adventure could now be sold for five times their cost. Under authority, a revolving cannon has been purchased by the Department, and is now in good hands, from which we expect good service. It was only lent to the Confederate officer, and is subject at any moment to the order of the State. Efforts to procure powder have not availed much to increase our stock; but what we had on hand has been carefully husbanded, and issued only when the public good demanded it. At an early period, the Confederate Government was notified that our stock was low, and that they must look elsewhere for supplies. It will appear in another part of the report that due attention has been given to the production of the material most, essential to the manufacture of gunpowder. An examination of the exhibit 0., before referred to, will show that the stock of fixed ammunition for small arms has been more than tripled since first of January last, requiring over 12,000 pounds of powder. This table will also show the gratifying result of my efforts to procure arms. During the year we have issued 7,397 effective rifles and muskets — more than three times the number we had on hand on the first of January last — among them the 1,000 received by your Excellency from llichmond some time last winter or spring; and we have now on hand 7,710, nearly triple, also, the number in January. Among those we have now, one-third are new, first class Enfield rifles, and all in good condition. The statement does not include the guns now in the 39 wort shops in Greenville for repair. Of side arms, also, we began the year with little, have made large issues, and have a fair supply on hand. The small supply of heavy ordnance, with the collection we have been able to mate, has been exhausted by the constant and heavy demand of the Confederate Government for the defence of Charleston. None, however, has been sent out of the State. We have but two on hand. The field artillery has been increased thirty-one pieces since January last, but the issues have tept pace with the additions, leaving at this time but eighteen light pieces. There were twenty-two artillery carriages on hand on the first of January, many of them old, and some worthless. The supply was increased by twenty-seven new, or thoroughly repaired; but the demand around Charleston has reduced the total number on hand to eighteen. The supply of prepared pro- jectiles has been more thau doubled, and the unprepared sustained. These facts speat well for the energy and efficiency of Major Eason, now at the head of the bureau. A large quantity of lead has been purchased, and besides that moulded, we have now on hand 21,000 pounds. We have been able to mate slight additions to our cannon caps, and an increase to the stoct for small anus. I have endeavored to obtain adequate supplies from the Secretary of War, but although promised, they have never been received. With the exception of powder and heavy ordnance, the bureau will be adequate to all probable and reasonable demands. It is now in good condition. Exhibits Iv., S., T., U. and V. show the issues of all classes to the Confederate Government during the present year. It was deemed prudent to move the heavier and more important stores from Charleston to Columbia. The construction, therefore, of a new magazine became necessary. Captain Thomas was ordered to have one built. It is finished, received, will contain 100,000 pounds of powder, and cost the State §1,200. Guns repaired under some con- tracts which I have been unable to see, were so defective that large numbers were constantly returned to be done aneW. To the force of the bureau it became necessary to add a first class armorer. But, not- withstanding the increase of the bureau force, its expenses are over two thousand dollars less per annum thau those of last year. Appended (marked P.) will be found an exhibit of the cash transac- tions for 1861, and, notwithstanding the heavy expenditure, the bureau, like some of the others, was burdened with debt. Some §33,000 of old obligations have been paid since January last. 40 The cash transactions for the first two quarters of this year will be seen in exhibit Q., anfl iuay be stated generally : Receipts from all sources §109,176 54 Expenditures for all purposes 106,776 60 ♦Balance on hand the first of July 2,399 94 Most of the troops from South Carolina, in Confederate service, havo been armed by the State, and it is believed that we will never be ablo to reclaim them. The Confederate Government, as I understand, refuses to redeliver to the States, but assumes the ground that the arms have become Confederate property, to be accounted for in a future settlement. How far we will be able to make out a full account from the beginning, I am unable to say. The Confederate Government has made application for the arms imported by the State under order of this Department. I have taken the liberty to decline to turn them over, and recommend that we shall never again strip the State of the means of self-defence. LEAD MINE. Under authority of a resolution introduced by your Excellency, I availed myself of the proffered scientific skill and services of Dr. John LeConte, to examine the lead mines in the State. The lead mine iu Spartanburg he reports to be rich in ore, and easily worked. Arrange- ments have been made with the proprietor, Mr. Cammeron, to place it for a time in the hands of the State without charge, until all expenses incurred shall be paid, and after that time to receive a certain ratio of the yield. Dr. LeConte has taken steps to procure the necessary skilled labor to work the mine. (See accompanying papers, No. 25.) SALTPETRE PLANTATION. In the early part of the present war, and for some time anterior, one of the greatest sources of anxiety to the Government, and to the intelli- gent citizen, was the very limited, in fact the totally inadequate, Fupply of gunpowder. We were, to a great extent, cut off from the foreign world, from whence alone we could procure a sufficient quantity. To •Balance on hand July 1 $2,399 94 Receipts during July 28,228 03 $25,(527 97 Expenditures during July 20,385 91 Balance on hand August 1 %... $5,242 06 41 manufacture a sufficiency to meet the wants of the army in every quar- ter, was beyond our power. The chief ingredient, seventy-five per cent, of which enters into the manufacture, was at the time beyond our reach. It is true that there were within the limits of the Confederacy saltpetre caves, but their yield was far short of our necessities. There was but one way to supply the deficiency, and that was to produce it ourselves. Accordingly, early in February last, I caused a brief state- ment of the process of production to be published, and called upon all who could to aid us by making it. To this there was no response. I" determined then to produce it under the immediate direction of this Department. On the fourteenth of March, I had the honor to intro- duce a resolution authorizing me to do so. The authority was granted. On the twenty-first of the same month, I wrote to Dr. W. Hutson Ford, who was then a Surgeon in the army on the coast, requesting him to uudcrtake the superintendence of the plantation. General Femberton at once detailed him, and he reported here without delay. * On the twenty-eighth of March, Dr. Ford was appointed Superintendent, and entered at once upon the discharge of his duties, with great zeal and intelligence. Five acres of land were leased for this purpose, at an almost nominal rate, from Dr. Farker, and the necessary sheds, buildings, &c, con- structed. A large number of beds have been made, which are in rapid process of nitrification. What quantity of nitre may be expected from them, cannot now be accurately stated, but it is hoped and expected that after a period of from eight to twelve months from the time they were made, that we may obtain at least one thousand pounds daily, which would make one thousand three hundred and thirty-three pounds gunpowder. In order to produce it more rapidly, I have ordered the preparation of a wagon train, with troughs, pans, &c. This can be done by extracting such earth beneath buildings in Columbia, and the adjacent country, as is generally found to contain nitre. By these means we can produce saltpetre enough to insure a constant supply to manufacture a sufficient quantity of powder for the wants of the State, at all times. (See report of Dr. Ford, in accompanying papers, No. 26.) The sulphur and charcoal can always be obtained. It is believed that the saltpetre plantation, under the charge of Dr. Ford, is the first ever established on this continent; and I must here express my obligations to Dr. Joseph LeConte, for his valuable aid in establishing this plantation. A copy of his "instructions for the man- ufacture of saltpetre," is herewith presented to you. The cost of the 6 42 plantation, up to the first of July, 1862, as per Exhibit "W., appended, is as follows : Receipts from Treasury, 89,488 10 Expenditures to first of September, 9,100 59 Balance on hand September 1, 1862, 8387 51 GUNBOAT. An appropriation of three hundred thousand dollars was ordered by the Convention, at its last meeting, for building a marine battery or ram, and for the' construction or purchase of other vessels adapted to coast or inland defence, and the Governor and Council were " empow- ered, on cousult::tion with the officer of the Confederate Navy for the time being in command of the Military District whereof the city of Charleston forms a part, to order the building or purchase of said ves- sels." During ray first tour of duty iu Charleston, in the latter part of Jan- uary, I conferred freely with Commodore Ingraham on this subject; and subsequently, on the twelfth of February, in obedience to a resolu- tion introduced by your Excellency, I communicated with him in writ- ing. He referred me to flag-officer Tatnall, commanding in the waters of South Carolina, then at Savannah. As the enemy's fleet intervened between that officer and the harbor of Charleston, I addressed the Pres- ident, at the request of the Governor and Council, asking that Commo- dore Ingraham might be placed in command of naval affairs in Charleston. Commodore Ingraham, Captain Hamilton and G. A. Trenholra, were appointed a commission to carry out the resolution of the Convention, and notified that the fund was subject to their order. This commission did not act, because it was thought unnecessary to use the funds, and impracticable to obtain workmen and material — the Confederate Government having already given orders to Commodore Ingraham to build a boat of like character, and six gunboats of smaller class. Thus the matter was suspended until the eighth of April, when, being notified of a change in the condition of things, which made it expedient to undertake the construction of an iron-clad vessel, another commission, consisting of Messrs. J. K. Sass, G. A. Trenholm, C. M. Eurmau, W. C. Courtenay, and W. B. Heriot, was appointed, the ap- propriation placed at their disposal, and after unavoidable delays, the enterprise was fairly commenced on the ninth day of April. For the manner in which the work has been carried forward, as well % 43 as an accurate description of the boat, I ask leave to refer to the report of the commission, in the accompanying papers (No. 27). The " Chi- cora" was successfully launched on the twenty-third day of August, and now rides beautifully on the waters. The vessel will be transferred, on completion, by name to the Confederate Government, pursuant to an agreement with the Secretary of the Navy to do so, on being reim- bursed the entire cost. The commission, under authority asked for and obtained, are pro- ceeding with arrangements to build two more gunboats as rapidly as possible — one of them to be of lighter draft, for river defe-nce. CONCLUSION. It will be seen that the reports of bureaus are made in full up to the first of July only, except that of the saltpetre plantation, which is made in full up to the first of September. This is done because the monthly statements form only partial items of the quarterly accounts. Wherever the transactions for July have involved matters of moment, I have given a synopsis of them, aud may remark that the statements for that month indicate a continued careful compliance with the "Army Regulations." I append a statement (marked X.), showing at a glance the object for which each expenditure was made, the amount of the expenditure, and the authority under which it was made. The multiplicity of subjects, and infinite details connected with the operations of this Department, have enlarged my report beyond the 1 volume within which 1 would have been pleased to encompass it, but anything less would not have presented the " business and condition" of the Department. All of which is respectfully submitted, JAMES CHESNUT, Jr., Chief of the Department of the Military of South Carolina. APPENDIX. STATE OF SOUTH CAROLINA. Executive Council Chamber, January 17, 1862. Rules made and established by the Governor and Council for the man- agement of the Department of the Military of the State. Rule I. It shall be the duty of the Chief of the Military Depart- ment to examine into the military condition of South Carolina, which includes the returns and present condition of the troops^ in service, and the militia not in service, together with the number, amount and con- dition of arms, ordnance, ammunition, clothing and supplies, and to report the same to the Governor and Council. Rule II. It shall be the duty of the Chief of said Department to keep in proper form and report regular and exact returns of the mili- tary force of the State in Confederate service and in the militia of the State, and of all military stores, arms, equipments and supplies in the magazines and other places in the State, and to order, receive and take them, and all arms, ammunition and equipments, from officers and other persons in whose possession they may be, which belong to the State and are not used in actual service, and to direct them to such places as he may deem proper. Rule III. The Chief of said Department shall form estimates for all such stores, arms, ammunition, equipments, clothes and supplies, as may be requisite for the military service of this State and the contin- gencies of Confederate demand, and providing adequate magazines for the same where such do not now exist, and report the same to the Governor and Council, that due provision may be made therefor. Rule IV. The Chief of said Department shall give directions neces- sary to carry into operation all resolutions and directions of the Gover- nor and Council, by orders through the Adjutant and Inspector General's Department, for raising, arming and equipping troops for the 46 service of the State and of the Confederate States, under the authority of the State, and for organizing, providing and inspecting the same; and to direct the arrangement, distribution, transportation and operation of such troops (till mustered into Confederate service) as may be brought into the service of the State under and subject to the orders of * the Governor and Council, and to provide for the transportation, safe keeping and distribution of supplies necessary for the troops called into the service of the State, or which the contingency of the Confederate service may appear to require. Rule V. The Chief of the said Department is vested with all such powers as are necessary for a full performance of the duties above specified, or which may hereafter be imposed, and to this end he may supervise, direct and give all proper orders to the Commissary, Ord- nance, Quartermaster and Medical Departments of the military organi- zation of the State, and command all officers aud employees in the military service of the State, and to depute to them such matter aud at such times as he may see proper. He is vested with further power to remove all persons employed iu any of the Departments aforesaid, and to appoint others in their stead ; but all such orders, removals and ap- pointments, shall be done by orders through the Adjutant aud Inspec- tor General's Department, and shall be reported to the Governor and Council at their next meeting thereafter, aud be subject to the control of the same. Appointments to all vacancies iu the military service of the State heretofore vested by law in the Governor, shall be vested in the Chief of the Military Department, subject to the previous decision of the Governor and Council. IIule VI. The Chief of the Military Department shall keep a book or books, in which all orders and directions made or given by him shall be transcribed, and the same shall be submitted to the Governor aud Couucil at each successive meeting; and to enable hiin to discharge such duties as are imposed, he is authorized to employ one or more clerks, upou such compensation as may be fixed by the Governor and Council. By order of the Governor and Council. F. J. MOSES, Jr., Secretary. 47 B. Statement of South Carolina Troops mustered into the service of the Confederate States, or under Confederate orders, on the first day of January, 18G2, compiled from the reports of the Adjutant and In- spector General of South Carolina. Style of Organiza iioh. Name op Commander. Arm of 1st Regt. S. C. Vols 2d " 3i •' 4th " 5th " " " 6th " " " 7,1, « .< a 8th " llth " Hampton's region.... Calhoun's U. Bat'rj Mangum's Company Boj kin s Rangers ... Kirkwood Rat Artillery i- Regt. S. C. Vols yih •• 10th " " " 12th " 18th " " « 14th " " 15th " " " 16th " 17th " " Holcombe L igi n. ... s. i . Regulars Coast Rangers Rifle Battalion Bin k's Squadron Palmetto Batt iilon... Manittault's Battal'D Lam ir'e Artillery Laurens Battalion.... Boyce's Company tin's Rifle Regiment Mounted Regiment... Pee Dee Leinon St.it,' Cavalry 4th Brigade, 8. 0. W Col. Hamilton.. ■1 l\"' shaW Col Williams...., i "I Sloan , nl. Jeufcios Col. Winder i ii 'Col. Cash t'ol. Blandtng... . Col. Uampton.... Capt. Calhuun.... C ipt, M ,u um... Capt. Boykiu Capt. Shannon... ■ apt. I '"it cnl. Uagood (Jnl, I lev ward. ... i (ol. Mi igault... Col. Dunovant.... Col. Edwards CoL Joqes Col DeSaussure.. ■ ,1 Col. Means Col. Stevens Col. Batch Lit. Col. Moore Lt. Col. Bla.k Major White Vlajoi Manigau t . C |it. Lamar M* jot .'.lines Cap! Ilnyce Col. Orr Col. Martin (Jen. Harllee Gen. DeSaussure., TermofSer vice. [•' ,r C ,. W,,i 12 months.. Mixe i ... Artillery Cavalry . Artillery Mi-ed. l\ Cavalry. Artillery. Mixed... Cavalry. Tor the War. 12 months.. For the War. 12 months.. For the War. 12 months.. For the War 12 months. Limited 3.C Total tc sen 841 1,066 1,124 813 803 814 B ft 1,100 s4 84 Tn 63 110 850 TCI 1 1 (6 T89 784 902 818 713 : ' : . 1.1 jo 1 131 T50 430 362 240 2 o 196 391 124 1.030 600 800 27.'. 2.407 Muster'd in Couf Ser. Requir'd byGen. Ripley. ANALYSIS ANt) SUMMARY. In Confederate service 23,280 In State service, under Confederate orders 4,082 Km- the «nr 7,1 11 For shorter periods 20,251 In service in this State 1*7,642 In service in other States. . . 9,720 Under the Act of Assembly, Dec. 7th', 1861, there are in camp, under instruction, some fourteen companies. Accepted and under marching orders for camp, fifty companies. These sixty-four com- panies are volunteers for twelve mouths' Confederate service. 48 Columbia, April 28, 1862. JJ'-n. James Cfiesnut, Jr., Chief of Military Department: Sir: I submit herewith Exhibit A., shoving, as nearly as can be reached from the returns to this office, the number of troops from South Carolina on the twentieth of February in the field v for the war and for twelve months, and my estimate of those in the field for the same terms at this date. Exhibits B., C. andl). show the efforts to obtain accurate information; Exhibit E., the number of companies which responded to the call for five thousand men. Large numbers of individuals, volun- teers andjrecruits, responded to that call, which is the explanation of the increased numbers in the second, third and fourth columns of Ex- hibit A. I am, sir, with much respect, Your obedient servant, WILMOT G. DeSAUSSURE, Adjutant and Inspector General. Exhibit A. to Adjutant General's Report of the 2$th of April, 1862, to Chief of Military Department. Regiments, Battalions, Squadrons and Companies. ■J Estimated. April 28, '62. War. Total in service at time of the call 30,670 Total now in service 30,274 Total increase 8,614 That the rapid increase of our forces in the field is attributable to the resolutions of the 6th of March last, establishing a system of con- scription, I suppose no one doubts. 1 must say that the returns now made are by no means full, and cannot, therefore, be said to be accu- rate ; for, notwithstanding the constant and earnest efforts of Adjutant and Inspector Generals Gist and DeSaussuve to procure information from all the regiments, we have not been able, so far, to obtain from the officers anything approaching to complete returns of the new enlist- ments. Our efforts to that end are still unabated, and we have now reasonable expectation that they will be furnished in a few days. When these returns are received, another and a fuller statement will be made, with as near an approach to accuracy as possible. That state- ment, I have no doubt, will show a much. larger force for the war than is here exhibited. Respectfully submitted, JAMES CHESNUT, Jr., Chief of the Department of the Military of South Carolina. 54 E. Office Adjutant and Inspector General, Columbia, August 30, 1862. To Hon. James Chesnut, Jr., Chief of Military Department: Sir : I have the honor herewith to submit, in obedience to your order, a report exhibiting an approximate estimate of the forces contributed by this State to the Confederate service, with the Regiments, Battalions and Companies in which they are now organized. The list of organizations will, I think, be found complete, and by reference thereto it will be seen that the State has now in service the following : Infantry — Twenty-eight Regiments, two Legions, eight Battalions, two Companies. Artillery — Two Regiments, one Battalion, eighteen Companies. Cavalry — Two Regiments, five Battalions, seven Companies. Total — Thirty-two Regiments, two Legions, fourteen Battalions, twenty-seven Companies. It would be more satisfactory if this office had the means for furnish- ing a statement more in detail, particularly of the present strength of these organizations, and of the losses by disease and other casualties of the service. The regulations of the Confederate service do not require the sending of rolls or stated reports of the condition of the forces to the offices of the States from which they are respectively drawn ; and when troops are once received into Confederate service, all official knowledge of them by the State ceases. By reason of this, very great embarrassment has attended the efforts of this office to keep pace with the organization of our forces, and to procure reliable information as to the number of men actually drawn from our population. The original rolls of Companies, on file, furnish but little satisfactory information, and give no data upon which to esti- mate the strength of the Companies. They give but the number with which the Companies were first organized — in perhaps all cases the mini- mum of its strength — whilst the accretions, by recruiting or otherwise, not being reported, are known only as they may be casually ascertained. During the period from the first of March to the first of July, under the pressure, first of the proposed State conscription, and afterwards of the Confederate conscription, very large additions were made to the then existing organizations, by the voluntary going forward of recruits, very few of whom were reported to this office. In some instances Com- 55 patiies were so increased, that from the excess new Companies were formed, no rolls of which have been reported to this office. The num- ber thus irregularly added to the service did not, it is believed, fall short of 5,000 men. Much confusion, also, resulted from the reorgani- zation in Virginia of the original twelve months Regiments whose terms of service expired in April last. Entire Companies and even Regi- ments were lost, and new Companies and Regiments formed; in most instances retaining the former names, but the Regiments in all instances composed to a great extent of new Company organizations. The orig- inal 9th Regiment was, in this way, wholly lost; and the old 4th was reduced to, and }'ct remains, a mere Battalion. To remedy this want of information, and to procure accurate descrip- tive rolls of all persons then in Confederate service from this State, with details of discharges, deaths and other losses, blank forms were prepared by this office, in obedience to your order, and in April last, were forwarded to the Commandants of Regiments, Battalions and Companies; and with the view to procure a prompt return of the rolls, special agents were appointed to visit the troops on the coast and in Virginia, to impress on Commandants, by a personal appeal, the impor- tance of furnishing the information desired. These efforts, I regret to state, were only partially successful. In some instances the agents found great reluctance to prepare the rolls; in others actual unwilling- ness, and in a few instances positive refusals to undertake the labor. Out of over four hundred Companies then in service, only about two hundred and fifty furnished the rolls; and of those so furnished, many were so hastily and imperfectly prepared as to give but little satisfactory information. So far, however, as they were carefully and properly pre- pared, they furnish the only certainly reliable information to be found in this office of the strength and condition of the respective Companies. The estimates embodied in the accompanying report have been made up from many sources; partly from the April rolls, above referred to; partly from reports obtained from officers in command; partly from returns to the Confederate officer commaudiug the Department of South Carolina audGeorgia; partly from information furnished by individuals; and in a few instances from conjecture. These estimates are intended to represent the highest number of men who, from first to last, have belonged to the respective organizations, not including discharges. In some instances they maybe found too high; but generally they are believed to be below the correct number. So far as they are based on the April rolls, they represent the strength of the organizations at the 56 time those rolls were prepared. Bay 1 1 1 - * 1st of May; and Jo not include the additions since made to the Companies. And in many cases where we have only been able to ascertain the maximum strength of a Regi- ment or Company, it is obviously short as a proper estimate: for, whilst recruits are being daily added, and losses by death or otherwise are daily occurring, the maximum is not increased, when, in fact, a continual draft is made from the population of the State. An abso- lutely correct estimate can only be had by adding, to the present strength of Companies, the number of losses by disease or other casual- ties of the service, and of discharges by reason of wounds or wasted health. If such an estimate could be prepared, I am fully assured that the number of men contributed by this State to the public defence would be found to exceed forty-five thousand. It is much to be regretted, that a very considerable number from this State have connected themselves with the organizations of other States. In the Districts adjoining North^ Carolina, very many were induced, by the very liberal bounty there offered, to join Companies organized in that State. And in the April reorganization in Virginia, very many exercised the option given them by the Conscription Act, to go into other arms of service, and connected themselves with Com- panies of Artillery and Cavalry from other States, chiefly Virginia. These, amounting, it is believed, to several hundred, are wholly lost to the credit of the State. In obedience to the resolutions of the honorable Governor and Coun- cil, the first corps of State Militia Reserves, embracing all males sub- ject to duty between the ages of thirty-five aud fifty, have been organized, with a view to active service, in the event that the necessi- ties of the State defence should require it. Of these ten Regiments are already formed and officered, each comprising ten companies ; and it is conjectured that the Companies yet remaining to be organized, will yield at least another Regiment. .The average strength of these Regiments will be about seven hundred, making an aggregate in the State of near eight thousand effective men of this corps. The second corps of Reserves, embracing all males between the ages of fifty and sixty-five, all those between sixteen and eighteen, and all exempts, remain subject to patrol and -police duty in their respective Beats, under the command of the officers of the militia, as reorganized in January last, under the Act of the General Assembly. In the present existing scheme, this corps constitutes the regular militia organization of the State. Its strength, there is no present means of 57 ascertaining-, as an enrollment has not been thought of sufficient inv portance to justify the labor and expense. I have the honor, sir, to be, Very truly, yours, C. D. MELTON, Assistant Adjutant and Insjyector General. APPRO XfMA TE ESTIMA TE of the strength of the South Carolina Regiments, Battalions and Companies now in Confederate service. I Infantry. Style of Organization. Commanders. No. Men. 1st Pteg't S. C. Volunteers,.. Col. Hamilton, 1,100 1st " « " Glover 750 2d " " " Kennedy, 850 3d " " " Nance, 1,066 4th Mattison's Battalion, Mattison, 400 5th Reg'tS. C. Volunteers, Jackson, 700 6th " " " Bratton, 700 7th " " " Aiken, 803 8th " " " Henegan, 819 10th " " " Manigault, 1,100 11th " » » Ellis, 921 12th " " n " Barnes, 1,100 13th « " " Edwards, 1,250 14th " » " McGowan, 1,144 15th " » " DeSaussure, 976 16th " " « McCullough, 792 17th " " " Means, 852 18th « » " Gadberry, 942 19th " " « Lythgoe, 827 20th « " " Kcitt, 950 21st " " « Graham, 848 22d " " « Goodlett, 873 23d " " " Benbow, 785 Carried forward.. 20,548 58 Approximatt Estimate. — Continued. Stvl^ nf Organization. OOHUM Xo. Men. Brought forward 20,548 24th Reg't S. C. Vounteers, Col. C. IF. Stevens 1,020 25th " " " Simonton, 900 IstRifles Marshall, 1,500 2d « Moore, 884 1st Reg't S. C A. (Regulars),... Dunovant, 700 Hampton Legiou, Griffiu, 1,100 Holconibe Legion, P. F. Stevens, 1,138 Laurens Battalion, Lt. Col. James, 528 Smith's Battalion. Smith, 552 Manigault's Battalion, Major Byrd, 638 Nelson's " Nelson 462 Charleston " Lt. Col. Gaillard, 430 Palmetto Sharp Shooters, 1,100 Battalion " " Major Smith,. 300 » " " Abney, 300 Partisan Rifles, Capt. Brooks, 86 Ordnance Guard, 100 32,286 Artillery. 1st Reg't S. C. Artillery, Col. Calhoun, ft 863 1st " " Volunteers, Lamar, 1,040 Palmetto Batt. Lt. Artillery, Lt. Col. White, 1,059 Macbeth Light Artillery, Capt. Boyce, 161 Beaufort Artillery, Elliott, 97 Marion Artillery, Parker, 100 Washington Artillery, Walter, 134 LaFayctte Artillery, Kanapaux, 90 Chesterfield Artillery, Coit, 130 Gist Guard, Chichester, 90 German Artillery, Co. A,...,.... Werner, 83 « " " B, Melchers, 72 Carried forward 3.919 59 Approximate Estimate. — Contin ucd. Style of Organization. Commanders. No. Men 1 Brought forward 3,919 Dismounted Dragoons, Major Lucas, 169 Ferguson's Artillery, Capt. Ferguson, 92 Buist, 100 Alston, 95 Bonneau, 100 Ward, 100 Garden, 100 Stanley, 98 Gaillard, ' 100 Palmetto Guard, Alston's Artillery,... Matthews' Artillery,. Ward's Battery, , Garden's Battery, Stanley's Artillery,.., Gaillard's Artillery,. 4,873 Cavalry. 1st Regiment Cavalry, Col. Black, 789 1st Battalion " 2d « " 3d « « 4th « « 5th « " .Major Morgan 325 Stokes, 383 Easley, 320 Emanuel, 352 Jeffords, 391 Colleton Rangers, Capt. Campbell,. Calhoun Mounted Men, , St. Peter's Guards, Howard Cavalry, Charleston Light Dragoons... Ashley Dragoons, Barnwell Dragoons, Rutledge Mounted Riflemen,. Savannah River Guard, II ey ward's Cavalry, German II uzzars, Rebel Trcop, Santee Rangers, Co. A., Santee Rangers, Co. B, 85 Martin, 75 Smart, 88 Howard, 80 Rutledge, 95 Gr. C. Heyward, 100 Lawton, 110 Trenholm, 90 Johnson, 96 D. B. Heyward, 110 Cordes, 80 Jeukins, 95 Pinckney, 90 Whildcn, 90 Carried forward 3,844 GO Approx vmaU Est im ate. — OoH t in ued. Style of Organization. Commanders. No. Men- Brought forward 3,844 Boykin Hangers, Capt. Boykiu, 80 Kirkwood Rangers, Doby, 00 Partisan Hangers, Col. Aikeu, 700 4,714 Of the above companies, ten have recently been formed into a regi- ment, under Col. Colcock, being the 2d Regiment of Cavalry. Aggregate. Infantry, 32,286 Artillery, 4,873 Cavalry, 4,714—41,873 To which add Conscripts recently sent forward, say.... 1,100 42,973 61 F. Condensed view of (he Cash Transactions of the Quartermaster Gen- eral's Bureau for the State of South Carolina, from the frst of January, 1862, to the thirtieth of June, 1862. Dr. To balance from 1861 821,413 05 Cash from treasury 1st qr., 1862 8143,355 00 " " 2d " 7,500 00—150,855 00 " clothing acct. 1st « 35,972 35 « " 2d « 62,915 01 98,887 36 " camp equipage, 1st " 45 80 « « 2d « 294 12 339 92 " public property sold, such as horses, mules, wagons, &c, 1st quarter.. 2,436 00 " do. do. 2d « .. 590 72 3,026 72 $274,522 05 Cr. * By disburses on clothing acct., 1st qr. 1862, 8126,472 13 « » 2d " 11,861 35-8138,333 48 " camp equipage, 1st " 52,740 48 » " 2d " 8,611 63 61,352 11 " transportation, 1st " 7,562 61 » " 2d " 3,489 25 11,051 86 " horses and mules, 1st " 400 00 " « 2d " 6,742 50 7,142 50 » forage, 1st " 2,356 89 » » 2d " 659 00 3,015 89 " storage and rent, 1st " 256 00 " " 2d " 916 50 1,172 50 " incidental 1st " 3,218 62 " " 2d " 3,482 75 6,701 37 " stationery, 1st " 103 12 " " 2d " 103 71 206 83 " wood, 1st " 45 50 " " 2d " 905 25 950 75 " commutation, 1st " 75 00 « " 2d " 3,845 00-^ 3,920 00 " to Capt. Motte Pringle, Q'rmaster 4th Br'de,. 5,855 00 " Balance to nest acct., 34,819 76 *271.522 05 62 G. Comparaiii , view of Salaries paid to the Quartermaster General and his Assistants, compiled /rum Exhibits <->/ file in tin's Department, and condensed into Quarterly Statements, from the fust of July, 1861. to tin thirtieth of June, 1862. Salaries paid during the quarter euding 30th Sept., 1861, 83,651 40 « " « 31st Dec., " 3,126 40 " " " 31st March, 1862, 2,411 40 " " « 30th June, " 1,575 00 63 w h s ^ fc So CO e ^3 53 •snosts^ •sosaf)jj •g^aox •saoo^mtQ •SjpTJSJOA^H « £ •S>|OKSlIl?»\f •B}05ia'B[JJ Oi TO i—i 35 CO (M — CN i—l O l-H ■* •Slh!,") ■SV'-11 O CO . m CO -4. : •* — 1- N — : "> '-. — : -* Tj* |>. • O lO CO ■ CN CN CN (sl.d) saoqg ££ -t S3 (sirad) W[oog 3 £ — «5 ■8»Jiqg •Sa3AlT!J(J •s)nt;j i— cn J^- 10 o o 00 CO O OS «o CO •^i OS 39 C CN CN o o ■O -H o to iO CO CM — 1 1— •SJ130Q-J9A0 •S^TJOQ cc o CO «c 1- CN ">* CO r i- ■ ■ <~ — *- :: O CO "* rH c 3 -o-S ^ 5 m 3 OS «, ^ ■O C ■— I "H< CO I l-H C N 1,1 i^ I CO co cn co co i co -h"cn .0 CN „ *= ■sz — -" Cv) o * * »-« i£ o Ph . cs 00 tec £ 'a 'n *S ■o W co co 1O i—l — CO rH -* rH CN 04 Quantity of Clothing furnished to each no7i-commissioned officer, must- cian mi'/ private of the Confederate States Army, for each year of the three years' service, showing the cost of ca# -r :- CN 09 O 99 en o e<« -* CO rH >» <* ■«* i-H Oi i— I i— I (spunoj) n o» 5 — co -* •* o> -* -c» 1-1 '-' (•snonuf)) (•suon) •S9SSt!l0JV[ (•SJ[0BS) ■*P»S (•spunoj) (•spunoj) (•spano^) •ivStig (•spunoj) ( sptmoj) ■pBajg O O CO O ac — Oi co CN CO :: c: M> CO cc'cn" (•spanoj) uooug (•spnnoj) (•spnnoj) •J 9a 3 IFS ( gpnnn,j) IM I- -# CO CO C^ CO CO oTco a cs s.a .C CJ C3 ,0. <5 cn »- « ssss c -h -c. - ~ o — — — -'. ■* (N O SOl- c £ — a -S s s — « "- - o Q » — _■ SJ o — C3 ~3 o "3 Ja ^ a >- B 7. S -. a J 3 ■eiz; « •a a §'§■ 11 a *» a _. o a o "^ O CN S 3 .5 -a ,= _£ 5 * c- O O £■£■* 68 M. Condensed view of tlie Cash Transactions of the. Paymaster General's Bureau for the State of South Carolina, from the frst of January, 1862, to the thirtieth of June, 1862. Dr. §788 89 To balance from 1861, Receipts from Treasury 1st quarter, 1862, S40,000 00 « " 2d « 17,000 00—57,000 00 857,788 89 July 1st, balance brougbt down,. Cr. By payments to Regulars made 1st qr. 1862, u u it 2d " .. " Volunteers " 1st " ., ci u u 2d " Balance carried to next account,... 93,383 66 1,628 86 9,064 94—10,693 80 34,952 34 8,759 09—43,711 43 3,383 66 857,788 89 69 N. Condensed Vieio of the Cash Transactions in the Engineer's Bureau for the State of South Carolina, from the first of January, 1862, to the thirtieth of June, 1862. Dr. To Cash from Treasury for Pee Dee obstructions, 4,590 76 Less this amount returned to Treasury, 166 76 $4,424 00 To Cash from Treasury for Reconnoissance Santee Eiver,.... 97 90 " " Survey Mountain passes, 936 43 $5,458 33 Cr. By expenditures for Pee Dee obstructions, 4,424 00 " Reconnoissance Santee River, 97 90 " Survey Mountain passes, 936 43 $5,458 33 70 0. Condensed TaLvhr View of the principal operations of the Ordnance Bureau for the State of South Cure/inn, from December, 1860, to August, 1862. ARMS AND AMMUNITION. Muskets lifles Pistols Sabres Swords Percussion Caps Caonoo Pap* Musket Cartridges Kifle Cartridges Powder (pounds) Heavy Ordnance Field' ArtilKry Artillery Carriages Projectiles i prepared) Projectiles (uprepared)...., Grape ai:d Canister (pound ■••). Lead Musket Hulls (round) Musket Hulls (conical) Musket Balls f pounds) Rouble-Barreled Guns Dec 1860, to Dec. 1861. a . - i cp ■a Si a a '" o 703| »4»850 .704 271 BTO 771 I 1,315,7751 ■ 70 110 '.■] 000 531,147 4oo 417,560 3,115 2,271 1,779 534 008,526 103 fifi 78 174 230 r.oo +4 89 16,249 31,441 61,548 +44.147 373.897 100 52 145 16.308 26.902 252.132 January 1. 1862. to Aug. 30, 1862. 2 5 £2,582 98 1".: 160,530 125,000 864,053 13' 18 22 8,116 10,769 3,000 6,198 116,738 2.224 348 194.521), 04.-, 486,713 211,322 10,130 9 :l 27 3.865 3.791 880 :.7.770 50.000 35,000 ""220 4.921 2.476 671 1,730 8 63,000 46,630 25.224 36.887 20 31 3} 660 4,084 1,816 199 9 < - - .3 2,869 4,851 i:.s 502 577 668,770 11,446 601,613 311,098 2 18 ^8 6.330 10.170 38,480 21,137 50.000 35.000 5.5(10 21 * Purchased by order'of Governor Gist. t One 3V.< inch Rifle Gun presented by C. K. Prioleau. of Liverpool; two V4 inch Rifle Qnns presented by Messrs. Fraser & Co. : one 3},< Inch wrought iron Rifle Gun presented by P. C. J. \\ ■•Stun. X Condemned. Irreparable, 452. J 4,843 pounds old and damaged. ■ i 2.535 Enfield, new, purchased in Europe. 71 P. Receipts and Expenditures of the Ordnance Department of the State of South Carolina, from the first of January, 1861, to the twenty- fifth of January, 1862. Receipts. From the Treasurer of the Lower Division for appropria- tion of the Legislature, §150,000 00 " Hon. E. Frost, Secretary of the Treasury, 120,000 00 " Hon. W. G. DeSaussure, Secretary of the Treasury.. 226,000 00 " Col. E. Manigault, ain't of his and clerk's salary, which was paid out of the General Fund, and after collected from Treasurer of Lower Division, 3,250 00 « Sales of coal taken from U. S., 2,398 00- $501,648 00 Expenditures. On Cannon acct., purchased, 5,039 38 Artil'ery acct., carriages, implements, &c, 71,067 38 Ammunition acct., 145,258 22 Artillery projectiles, shell, shot, &c, 105,865 11 Ordnance tools, 1,589 03 Small arms, 53,580 38 Equipments for infantry and cavalry comp's, 99,831 97 General expenses of Department, 19,376 93 501,608 40 Balance of cash on hand, 25th January, 1862, 839 60 Special Fund. 1861. Jan'y 9. Donation by Mr. Plowdeu C J. Weston, for pur- chase of "arms of precision," $5,000 00 Less paid for one wrought iron rifle six-pounder gun in hands of Major E. Manigault, for use of his battalion, 800 00 1862. Aug. 1. Balance in hands of Ordnance Officer, $4,200 00 72 Q. Condensed View of (he Cash Transactions of the Ordnance Bureau for the State of South Carolina, from (he twenty-sixth of January, 1862, to the thirtieth of June, 1862. Dr. To Balance from 1861, §39 60 Cash from Treasury, 1st quarter, 1862,... 866, 726 00 « " " 2d « " ... 39,556 00—106,282 00 " from sales of damaged Powder, 160 00 " " « Acids, &c, 150 50 310 50 u refunded' on Shells purchased from Glaze the eighth of April, 1861, not passing the inspection ordered by Chief of the Military Department,.. 1,500 00 " donation from the Marion Fire Engine Company, Charleston, 44 44 " from W. J. Laval, Treasurer Lower Division, to pay salary of Ordnance Officer, 1861, 1,000 00 §109,1 76 54 July 1st, 1862, to balance from June, 2,399 94 Cr. By Artillery and Carriage acct., 1st qr., '62, §7,733 63 » " " " 2d " 16,438 13— §24,171 76 Projectiles " 1st " 4,798 59 " « 2d " 2,457 30 7,255 89 Small Arms « 1st " 4,754 55 « « 2d " 4,460 70 9,215 25 Equipment " 1st " 29,992 35 « " 2d " 8,866 65 38,859 00 Ammunition " 1st " 10,893 79 « " 2d " 10,396 07 21,289 86 General Expense « 1st « 2,459 21 « " " 2d " 3,525 63 5,984 84 Balance to next account 2,399 94 §109,176 54 73 R. Issues of Ordnance and Ordnance Stores to Confederate Government from January 1, 1862, to July 1, 1862. 12-pounder guns, smooth bore 4 12-pounder guns, rifled 3 Carriages 7 Ammunition chests 8 1 8-pound er guns 2 24-pounder guns, rifled 3 8-inch Columbiads 1 32-pouuder guns 1 42-pounder guns 1 S-inch sea-coast howitzers 1 8-inch siege " 4 Sling Carte \ 12-pounder shot, rifled N .. 198 12-pounder shell, rifled 36 12-pounder canister ]27 8-inch sea-coast howitzer canister 38 18-pounder shot 25 18-pounder canister 25 24-pounder shot, rifled 264 9-inch solid shot 200 9-inch shell 400 6-pounder spherical case 275 12-pounder howitzer spherical case 125 12-pounder shell 150 8-inch shells 260 10 -in ch shells 200 Cartridge Bags, 9-inch gun 115 12-pounder shot 123 Friction tubes 2 500 Roman fuses 250 10 s. Issues of Field Guns and Carriages to State Artillery in Confederate service, from January 1 to July 1, 186^. 4-pounder guns G 6-poun der guns 20 12-pounder Howitzers 2 Enfield rifle guns 3 Ammunition chests 10 Gun-carriages 31 Caissons 19 75 Statement of Artillery Projectiles issued to the Confederate Government, from January 1 to July 1, 1862. 6-pounder shot, fixed 70 6-pounder spherical case, fixed ; 285 6-pounder canister*, fixed 20 „ 12-pounder howitzer spherical case, fixed 135 12- pounder howitzer shell, fixed 150 9-inch solid shot 200 9-inch shell 400 8-inch howitzer canister 38 Spherical case shot, unfixed 50 24-pouuder rifle shot and shell 144 8-inch mortar shells 269 10-inch mortar shells 200 u. V Abstract of izsurs of Small Arms to Troops from South Carolina, sent into tin service of the Confederate Government, from first January, 1802, to first July, 1862. Rifles, Enfield 819 " State '. 141 « per 0'54,' 1,246 Total Rifles 2,206 Muskets, Percussion 2,321 " " model 1842 955 " altered to Percussion 1,201 " Cadet 40 " Minie 254 Total Muskets 4,771 Carbines 170 Cavalry Pistols, Percussion 322 " " Flintand Steel 332 Colt's Navy Revolvers 9 Total Pistols 663 Sabres, Cavalry 1,714 Swords, Officers' 8 Equipments, Infantry 6,165 " Cavalry 934 Double Barreled Guns 123 Bayonets 5,795 " Sabre 1,083 Cartridges, Musket 34,690 " Rifle 6,800 " Revolver 834 Percussion Caps 13,574 Articles of minor importance not enumerated on the above abstract. 77 V. Statement of Powder issued from first January, 1862, w first July, 1862. ■ — 'M ISSUES TO THE CONFEDERATE GOVERNMENT. Cannon, pounds of 7,435 Musket, " " 300 Rifle, " « .-. 16,400 Blasting, " " 325 Total, pounds of 24,460 ISSUES FOR FIELD AND SMALL-ARM AMMUNITION. Cannon, poun ds of 2,602 Musket, " " 4,530 Rifle, " « 5,025 Blasting, " " 270 Total, pounds of 12,427 POWDER ON HAND FIRST JULY, 1862. Cannon, pounds of 7,371 Musket, " " 8,570 Rifle, " « 11,350 Blasting, " " 900 Mealed " " 1,262 Pickens District, pounds of 3,000 Old, mixed and damaged, pounds of 4,843 Total, pounds of 37,296 78 w. Condena'ff view of the Cash Transactions of the Saltpetre Plantation for the State of South Carolina from, tenth April to first Sepl&ruber, 1862. 1862. Dr.- April, To Cash from Treasury, 84,304 58 July, » « " " 3,700 52 August, " « " 1,483 00 89,488 10 Cr. Sept. 1st, By Disbursement, Building Account, ...$3,316 29 " " Horses and Mules Account 2,522 00 « " Forage " 276 45 " « Harness and Tools " 483 78 « « Wagon and Cart " 415 00 « « Materials " 584 95 « " Labor " 625 54 « » Weekly Allowance " 501 58 « M Salary " 375 00 9,100 59 Balance on hand the first of September, 1862, 8387 51 79 X. ABSTRACT OF DISBURSEMENTS By the Department op the Military of South Carolina from January 27, 1862, to August 14, 1862. Payments in pursuance of Ordinances of the Convention, Acts and Resolutions of the Legislature, and by order of his Excellency Gov- ernor Pickens, jyrior to the organization of the Executive Council. Payments to Quartermaster General §169,047 56 " Ccfimissary General 37,000 00 " Paymaster General 66,058 39 " for Hospitals 15,482 50 " Ordnance purposes 63,326 00 " Repairing arms 6,516 92 •" Arsenal purposes , 3,200 00 " Recruiting service , 17,000 00 " Railroad bridge guards 5,083 91 " A. L. Deariog (Military service) 190 00 " Traveling expenses (Agents) 85 65 " Arresting soldiers 45 75 " Salary of Clerk 233 33 " Gunboat commission 300,000 00 Deduct: ,270 01 Balance in Quartermaster's hands $83,390 53 Balance in Surgeon General^ hands 1,236 88 — 84,627 41 Total disbursements, as above 8603,642 60 80 Payments in pursuance of orders hy the Executive Council. Payments to Quartermaster General 7,500 00 " Commissary General 60,000 00 « Paymaster General 4,941 61 " for Pi cconnoi stances » 1,034 33 « Obatructione, Pee Dee 4,424 00 " Ordnance purposes 60,215 81 " Exchange for arma and drugs 79,561 04 " Freight on " " 11,194 14 " Old arms 5,077 97 « 75 new Enfield rifles 3,000 00 " Freight on old armB 122 65 " Lead, saltpetre and sulphur 2,481 52 " Socks 72 90 « Enrolling Militia 83 10 " Saltpetre plantation 9,488 10 " Traveling expenses, (Agents) 65 75 " House and -lot in Columbia* 4,500 00 §253,462 92 Deduct: Balance in Commissary's hands 820,256 21 « Paymaster's " 3,383 66 " Ordnance officers 5,242 06—28,881 93 Total disbursements by order of Executive Council... §224, 5S0 99 Recapitulation. Total disbursements under Ordinances of the Convention, Acts and Resolutions of the Legislature, and by order of Governor Pickens, prior to the organization of the Executive Council $603,642 60 Total disbursements under the engagements of the Execu- tive Council 224,580 99 Total $828,223 59 1 A large brick building, used for Commissary's store-house. REPORT OF THE SUB-COMMITTEE ON THE EEPORT OF THE CHIEF OF THE DEPARTMENT OF JUSTICE AND POLICE. The subcommittee, to whom was referred the report made by the Chief of the Department of Justice and Police to the Governor and Executive Council, beg leave to report, that they have carefully read and considered the whole report aforementioned, and recommend that printed copies of it be widely circulated. Upon the question whether auy limitation can be imposed upon the power of a Convention of the People, assembled under our State Consti- tution by the Act of the Legislature which calls it together, the sub- committee forbear the expression of any opiuion. Into this question it is needless now to enter, for it seems plain to your sub-committee that every Act of this Convention, and of those who have icted under its authority, which is mentioned in the report under consideration, is embraced within the scope of the Act of the Legislature, which provided for the election of delegates to this Convention. The arguments con- tained in the report, especially those in Parti., sustaining this construc- tion of the Act and the competency of the Convention, the Council, and the several heads of Departments, to do the acts done by them res- pectively, and examined in the said report, command the approval of your sub-committee. In reference to one or two of the acts of the Governor and Council, or of the Chief of the Department of Justice and Police, doubts as to their expediency, affecting rather form than substance, might be sug- gested ; but of expediency under the circumstances which attended the acts, the report under consideration, without the journal and papers of the Council, and without any explanations from those who acted, does not enable your sub-committee fairly to judge. As to the compe- tency of the authority for every act done, the majority of your sub- committee entertain no doubt. Respectfully submitted, D. L. WARDLAW, Chairman, J. P. CARROLL. Mr. John Phillips dissents. 11 REPORT OF THE CHIEF OF THE DEPARTMENT OF JUSTICE AND POLICE, TO THE GOVERNOR AND EXECUTIVE C0M1L. PART I. ON THE POWERS OF THE CONVENTION. To His Excellency, Governor Pickens, Presiding over the Executive Council of South Carolina : Sir : In compliance with your requirement, that I should report to the Goveroor and Council the proceedings of the Department of Jus- tice and Police, I respectfully report that, though the acts of my Department proper, as well as the matters which have from time to time been assigned to me, have in almost every instance, been the sub- ject of previous consultation in the Council, and therefore I have but little of information to communicate, I acknowledge the propriety of the call. It is right that these proceedings should be formally spread upon the record. The "Rules" established for my Department, adopted on the seven- teenth January, prescribed it as my first duty " to construe the Ordi- nances of the several sessions of the Convention, and all Acts of the General Assembly, in relation to the duties and powers of the Execu- tive Authority of the State." This, of course, makes me peculiarly responsible for the competency of "the Governor and Council, acting together," under the Ordinance of the Convention, to perform such acts as have been undertaken ; for I have in no case entered a formal protest against any proceeding. It is proper, then, that I should preface my report with some expo- sition of the principles on which I have construed the powers conferred upon the Executive Authority, to be exercised by the Governor and Executive Council, "acting conjointly." First, then, as to THE POWERS OF THE CONVENTION. Did this CONVENTION have power, for certain purposes, and during certain exigencies, to create a new form of Executive Author- 86 ITY for the State, and tu confer on Bach Authority nnr jwiccrs, not hitherto vested in that Department? 1 answer to this, unquestionably, yes. In the States i. iiool of 1832 and '34 it was (with but one protuioi nt exception the received opinion that a CONVENTION, called in South Carolina, under the provisions of the Constitution, was, for every political and legal purpose, the People. It was considered as- a means, provided by the Constitution itself, for invoking the action <>/ tin ultimate Sovereignty of the State. This Sovereignty, admit- ted to be in the People iu their " aggregate and politic capacity," can only be exercised, practically, through a Convention, and a Convention became thus to be, theoretically, considered as the People themselves. Hence the form of ordaining their decrees adopted by the Conventions of 1832, of 1852 and 18G0, to wit : « WE, the PEOPLE of South Carolina, in Convention assembled, do ordain and declare.*' I am aware that in 1834, in the celebrated legal argument on the Oath of Allegiance, although the advocates of the States Rights School all maintained this doctrine, yet Judge Harper gave the weight of his high authority to a view somewhat different. lie maintained that a Convention, thovyh sovereign, absolute and illimitable, for every pur- pose within the rangt <>/ objects for which they were assembled, was, beyond these purposes, neither the people, nor did it represent the people. A great majority of States Rights men, held, however, the opinion expressed in one of the reports of the day, which I myself had the honor to submit, an extract from which I will now iusert (at an interval of twenty-eight years), as containing my present opinion. ""When this profound jurist (Judge Harper) says that a Convention is limited by the purposes for which it was called, we admit that mor- ally, it is so limited, and that a delegate who but proposes a measure for a purpose not contemplated by the people when he was elected, is guilty of moral treason. But when Judge Harper assumes that the Judiciary, or any other constituted authority, has a right to inquire whether a measure adopted iu Convention was or was not adopted in conformity with the intentions of the people, he ascribes to the Judiciary a right which we cannot admit that they possess. Is it not obvious that this gives the judges a practical control over a Convention of the people ? As in the case before us" (the Oath of Allegiance) " two judges decide that the people did not intend what the Conven- tion believed, the Legislature believed, and what a great majority of the people themselves still believe, they did intend — and the will of 87 the people is set at naught, and an Act of the Convention effectually nullified." Judge Harper happily defines Sovereignty to be "that power which "controlling all other constituted authorities, is itself not subject to "the control of any." He considers Sovereignty " as abiding in the ''people of South Carolina." He says, again, that this "is not that imaginary Sovereignty of the " people which has been supposed to exist even in a despotic mon- " archy." "'The Constitution,' continues he, 'has provided in what manner "the people shall be appealed to, viz: in a Convention called by two- " thirds of both branches of the Legislature.' Again, they (the people "in Convention) ' may abrogate any Act of the Government, and all u constituted authorities are bound to respect and obey their detcrmiua- "tion.' 'They' (the people in Convention) 'are responsible to opinion, "they are bound by good faith, they may be resisted by force, or sub- "dued by superior power, but their acts are not subject to the legal " control of any constituted authority.' ' This we conceive to be sound Republican doctrine. But how the learned judge can reconcile with this the right which he ascribes to the Judiciary, to decide whether a power exercised by this Convention has or has not been delegated by the people, we cannot perceive. We defy any one to point out a tittle of distinction, practical or in principle, between the control which Judge Harper would thus give to the Judiciary over a Convention, and that which it is admitted they have over the ordinary Legislature. They have no right, in regard to the Legislature, to do more than decide whether or not that body keeps within the pale of its authority — whether a power exercised by them has or has not been delegated to them by the people — and it is this, precisely, which Judge Harper claims for them in regard to a Convention. The people appear in their sovereign capacity, only as assembled in Convention — when so assembled, they are sovereign for every purpose, or, practically, they can be so for none. Grant to the Judiciary the right to question their acts, and you give them the power to limit and control. In construc- tion of laic, a Convention is the People, and its every act, as far as the judges have any concern with it, the Act of the People." "To subject the acknowledged will of a Convention to the control of any other authority, is to deprive the people altogether of the means of expressing a Sovereign purpose, that is, a purpose which cannot, by any form of law, be disputed." S8 The report proceeds further, as follows : u Sovereignty can correctly be predicated only of that power in the State which, possessing an ultimate control over all other constituted authorities, is itself subject to the control of none. " Allegiance is due only to the Sovereign power, and is that para- mount political, obligation which binds the individual in a State to acknowledge and preserve unimpaired its Sovereignty. "It is clearly distinguishable from the duty of obedience to delegated authority. It is, indeed, the source from which emanates the obligation of obedience to any other constituted authority than the Sovereign. "Sovereignty delegates a portion of its power; Allegiance renders obedience to that power a duty. "Sovereignty, from its de6uition ; is necessarily single and indivisible, and Allegiance must be equally so. "In South Carolina, entire, unimpaired Sovereignty bides in the people of the State, and a citizen of South Carolina owes entire and unimpaired Allegiance to the people of South Carolina, so long as he continues a citizen thereof. They, and they alone, have imposed upon him the duty of obedience to the Constitution of the United States. They can release him from the duty. They can transfer the duty. It exists by their fiat, and they alone are its fit interpreters." "Thus far," says the report, "we speak the recorded opinions of South Carolina herself. Is the principle less fixed that a Convention of the' People is not subject to the legal control of any constituted authority ?" Such, it was understood, were, in that day, the doctrines of Calhoun and McDuffie, of Hayne, Turnbull and Hamilton, of Colcock, Earle, Butler, Elmore, Player; of all, indeed, of the States Rights School. I mention the dead only, the living may speak for themselves. Indeed, State Rights, State Remedies, State Sovereignty, Allegiance to the State, would all be unmeaning phrases but for the acknowledged supremacy of a Convention of the People. It is the corner-stone of the edifice. But whether the view contained in the "Report" or that of Judge Harper be true, is immaterial in the present inquiry. A Convention, according to both theories, is SOVEREIGN, and, therefore, above all constituted authorities, WHEN ACTING WITHIN THE SPHERE INDICATED by the Legislature in the Act which assembles them. What, then, were the purposes for which the Convention was called together by the Legislature, to assemble on the seventeenth day of 89 December, 1860? And does the creation of the Executive Council come within the scope of those purposes? First, what were the circumstances of the call? The telegraph had announced the election of Lincoln, and the Legislature determined at once to invoke the highest power known to our institutions — a Conven- tion of the People of the State. Not asr subordinate ministerial agent, to enroll the decrees of the Legislature, but "for the purpose of taking into consideration the danger* incident to the position of the State in the Federal Union established by the Constitution of the United States, and the measures which may be necessary and proper for providing against the same, and thereupon to take care that the Commonwealth of South Carolina shall suffer no detriment." A disruption of the tie* which had hitherto bound us to our sister States was one thing contemplated. But the ultimate decision was left to the Convention, as the Sovereign Authority. It was, then, within the purposes of this Convention to abrogate the Constitution of the United States. South Carolina, for a time, at least, might stand alone, and it must have been within the pur- poses of the Convention to modify the Stale Constitution. A new alliance was contemplated with other States, and it was within the pur- poses of the Convention to ratify a Provisional and Permanent Consti- tution of the new Confederacy. These high powers have not been questioned, yet they are but infer- ences from the general powers. A WAR was certainly within the con- templation of some. Although secession was claimed as a right, not conflicting with any obligation uuder the Constitution of the United States, and, therefore, not revolutionary, it was apprehended that our claim to self-government might, like that of our forefathers of j. 776, have -to be vindicated by the sword, and that, practically, provision must be made for the conduct of a Revolution of blood. The Leg- islature declare, accordingly, that the Convention shall consider our "DANGERS" — all the "dangers" growing out of our position, in- cluding, I presume, the dangers of the WAR, which might be the con- sequence of secession, and "the measures necessary and proper for providing against the same." Have the apprehended "dangers" ceased ? Are there uo further " measures necessary and proper for pro- viding against the same"? The Ordinance of the Convention for " strengthening the Executive Department during the exigencies of the present War," was manifestly intended as a " measure" FOR Tins very purpose. But, as if to make assurance doubly sure, the Legis- lature declare, further, that the Convention shall " thereupon take 12 00 car ethat the Commonxcealth of South Carolina shall suffer no detri- ment." Now, conceding that the terms of the call of the Convention consti- tute the only "limitation" on the powers of a CONVENTION, as held by Judge Hakim ;k, can human language be contrived suggesting broader and more absolute powers than the above ? And, " thereupon to talce care that the Commonwealth of South Carolina shall suffer no detriment " Is this the language of LIMITATION of power? It is applied to a body representing the Sovereignty of the State — a body in all respects similar to that which gave being to our State Constitution — a body by whose fiat our Legislature, our Governor, and our Judiciary, have their cxistenre. Is it not in effect a declaration, in terms, that the Conven- tion to be called should have NO limitation on its powers? It has been said that the "dangers" apprehended were in the Union, and the measures were only such as should provide against these. This is special pleading. The " dangers" were such as were incident to the "position of the State," then, of course, " in the Union," but which the Convention was specially intended to take out of the Union, and the "measures" were meant to provide against the "dangers" which might grow out of that position. Surely, the dangers which ensued have not yet ceased. It is contended that secession was the measure adopted, and that this relieved us from all dangers " in the Union." But the Convention is enjoined " thereupon " (that is, after secession) " to take care that the Commonwealth of South Carolina shall suffer no detriment." Detriment from what? I answer, the "measures" taken j which were, Secession and the formation of the Southern Con- federacy. "Thereupon" war was made, and war still continues. Does war work no " detriment ? " If it does, then it is the duty of the Convention to shield, as far as may be, the Commonwealth of South Carolina from such detriment. The question as to the extent of the powers of the Convention of 1832 had beon the subject of controversy. Dr. Cooper, in his compila- tion of the Statutes, had pronounced it still " an open question," as to that Convention ; and the Legislature, as if to provide against any possibility of cavil on this occasion, so solemn and momentous, chose, in declaring the purposes of the present Convention, to translate the Latin phrase by which the Senate of Home had for Centuries conveyed DICTATORIAL POWER on her Consuls. " Darent OPERAM CONSULES, NE QUID RESPUBLICA DETRIMENTI CAPERET," Was 91 the language of the famous decree which conferred on Cicero and his compeer, for the suppression of Cataline's conspiracy, the power known as " Ultimum," or u Exlremun." A power which, Sallust tells us "often" "it had been the custom" to confer, " in atroci negotio," " in a, dangerous emergency," as the translator has it. The translator says, " by it" (this decree) " the Republic was said to be entrusted to the Consuls." The phrase, originally selected for its aptness in conveying absolute and illimitable power, had become fixed in its interpretation, by its long use by the greatest nation of antiquity; and in this language, with its construction thus established throughout the civilized world, the Leg- islature thought proper to express the extent of the purposes to which the Convention were invited to address themselves. Unless the Legislature said one thing, while they meant another, they committed to this august body, during the exigencies of the time, the fortunes of the Republic; with power to act directly or through ageucies — with the power to make and unmake Constitutions, provisional or permanent; and to create governments, general or partial — tempo- rary, or until a new Convention shall order otherwise. In addition to the force of the language used, the fact that the Act, as first introduced, should have fixed two years as the period of duration for the Conven- tion, indicates that something more than the Act of Secession and the adoption of Constitutions was intended. No one proposed a shorter dura- tion thau two years ; and this time, it was thought, might not give all the latitude which was requisite, and it was stricken out. Surely, u two years" was a longer period than would have" been sug- gested if the only business contemplated had been the Act of Secession and the adoption of a new Constitution. In my judgment, the dura- tion was intended to be commensurate with the necessities of the occa- sion which called them together, whatever that period might be. Our independence achieved and acknowledged, and ptace restored, the Con- vention will then, but not until then, be functus officio. To protract its existence beyond this period, would be that breach of "good frith" which would justify that resort to " force," which is the only remedy for usurpation in the Sovereign. On the other hand, the Convention, in my opinion, would be derelict to their duty if they abandon the helm until the ship is safely in port. Such was the call under which the voters of the State elected the members of the Convention. However the fact may since have passed from the memories of some, 02 the people, at ilmt time, realised that the body about to be assembled would be charged with duties more grave, critical and responsible than any which had ever hitherto devolved upon any constituted authority in this State. The circumstances under which the Convention was assembled — the terms of the Act under which the call was made — the received opinions of the majority of the people of the State as to the extent of the powers ujherent in such a body, were sufficient to apprize the most dull that suffrage was being exercised on the most important occasion of their lives. Accordingly, the people called forth their wisest and best men. There was no constitutional disqualification for a seat in the Convention — no abridgment of the people's unbiassed choice. Judges, Chancel- lors, public officers of all kinds, clergymen, all were eligible. The result was that the Convention, in the aggregate, has never been sur- passed, in this or any other country, for intelligence, patriotism and moral worth. Most of the members were either men drawn from voluntary retire- ment, or tho°e whose career and position in life were so far determined that the ordinary temptations of ambition were absent. A less self- seeking and more earnest body of citizeus never assembled. Such was the Convention, in theory and in fact, which passed the Ordinance under consideration. There are two other errors in regard to limitations on Conventions, which need notice, though they would seem to destroy each other. It is contended by some that a Convention can neither legislate or perform any administrative act; and to sustain this view it is claimed that it has been the practice of Conventions to abstain from both. This is one position. Those who take this position deny that the Convention can appropriate money or draw from the Treasury. This is all gratuitous assumption in point of principle, and erroneous in point of fact. Was it an act of usurpation, when the Convention, at its first session, ordered three regiments to be raised — two of regulars, by enlistment, and one of \ olunteers, commanded by Col. Gregg? Still more palpable, then, was the usurpation when they appropriated three hundred thousand dollars for building a gunboat. The usurpation of the Convention began, according to this theory, as soon as the Act of Secession was ratified, has continued ever since, and has not been confined to those who favored the creation of the Executive Council. It is, in general, on grounds of expediency, wise that Conventions should abstain from all ordinary legislation, or exercise of ordinary executive power, where 93 the Legislature and Governor can be at once called into action. But so far is it from being true that Conventions have on principle with- held from all action of this kind, that I venture the assertion that the Conventions throughout the now-Confederate States all more or less took, for a time, a share of the management of affairs into their own hands. Certainly, the Convention of Alabama, the proceedings of which I have before me, passed, immediately after an Ordinance of Secession, one "for the Military Defence of the State," another to "reorganize the Militm," with very many others "f like character. The power which can create Governors and Legislatures may, in emergencies, per- form the functions of either. The other most extraordinary position, in direct conflict with the last, is the application of the law maxim to a Convention — non potest delegatus dUegare — that is, that a Convention, exercising itself dele- gated authority, cannot delegate to others. The first position assumes that all government must be exercised through delegated authority, and the second, that it can only be exercised directly, and cannot be law- fully exercised by delegated authority. The ordinary and most appropriate^ sphere in which a Convention ■usually arts, except in " atroci negotio" — dangerous emergencies — is in the creation of governments, limited by constitutions prescribed by the Convention — that is, in delegating portions of their own powers; but a Convention may, in its discretion, proceed to exercise itself any power which it has authority to delegate. Again: the assumption that to give validity to any actjon of a Con- vention intended to alter or suspend any part of the Constitution of the State, the ordinance must express that a repeal, alteration or amend- ment is intended, is gratuitous, and without reason. Where, I wou'd ask, is any such principle laid dowu ? Like the Legislature, the Convention may repeal or alter, by implication. The last act of either body is that to be looked to as the exposition of its will, and as constituting the law, and everything con- flicting is necessarily repealed, suspended or modified into accordance with the will last expressed. In point of fact, it was well understood by the Convention that this Ordinance was a suspension, for the time being, of some of the provisions of the Constitution, and it was so in- U nded. I am not aware that, within the Convention, there was any one who questioned the power of that body to pass the Ordinance. I hold, then, that the Convention had the right, during the exigen- 94 cies of the war, to add to the powers of the Executive by giving con- trol of some matters which, under the Constitution, are committed to the Legislature, and to make the Executive, for some purposes, consist of five persons instead of one. In other words I hold that the Ordi- nandi-: creating the Council emanates from an authority as high and competent as that creating the Constitution, and that being the LATEST expression of the vill of this Sovereign Body, it is, during its existence, paramount to tin Constitution. If this be so, we are to look to the Ordinance alone as the charter of our rights and powers. The views upon the construction of the Ordinance I will submit to-morrow, as part second of my report. Respectfully, your obedient servant, I. W. HAJTtfE. PART II. ON THE POWERS OF THE GOVERNOR AND EXECUTIVE. COUNCIL. To Ilis Excellency Governor Pickens, % Presiding over the Executive Council of South Carolina : I propose now to proceed to consider TIIE POWERS OF THE GOVERNOR AND EXECUTIVE COUNCIL, ACTING TOGETHER, UNDER THE ORDINANCE OF THE CONVENTION. First, take the title : It is an Ordiuance "for strengthening the Ex- ecutive* Department daring the exigencies of the present war." The powers of the Executive are increased, which could hardly be without taking from some other Department, and these new powers have reference to the exigencies of the war. The powers conferred on the Governor and Executive Council, "act- ing together," are? first, to declare martial law, when, and where, and with such limitation, as the Governor and Council might think the exigency of public af$rirs required. This power, like Aaron's rod, might have been made to swallow all the rest. Martial law is despotism. It substitutes the will of the ruler for all other law, to the extent that martial law is declared. Martial law declared over the whole ^State, and its extent (that is, the subjects over which it should take control) defined, every power afterwards specified in the Ordinance might have been exercised. This great first power having been clearly conferred, has been to me a guide in determining the general intention of the Convention, and thereby construing all that follows. There is a power to arrest and detain disloyal and disaffected persons, whose being at large is deemed dangerous to the public safety; and to order and enforce such disposition and appropriation of private property for public uses as the public good requires. There is the power to make and cause to be executed all orders, regulations and arrangements, as they shall from time 96 to time find expedient, in regard to the military, and for maintaining such efficient police as shall by them be thought necessary. The power to appoint agents, to draw money from the treasury, to make nominations and appointments to military office, such as the Governor had hitherto done; to rill accidental vacancies in civil appointments until the Legis- lature meets — these powers, except filling accidental vacancies in office, all relate to the " exigencies of the present war}" and except the ap- pointments to military offices, are new powers, not before possessed by the Executive; and, in express terms, are to END with the dose of the war, and disbirmlmrnt of Hue troops. (See Appendix, A) During the war, and for purposes counected with its prosecution, they are very large. Among the first measures in assertion of the extraordinary powers conferred, was the proposition contemplating the srir.an of sd re r plate for the use of the State, introduced by your Excellency. The power,' it appeared to me, to act on this subject was clearly delegated under the right "to order and enforce (subject to the owner's right to receive due compensation from the State) such disposition of private pr.operty, or appropriation thereof for public uses as the public good shall appear to them to require." The Council never felt committed on the policy of acting finally on the matter, but voted merely for measures to ascer- tain the amount, reserving the right to act according to circumstances hereafter. The resolution, introduced likewise by 'your Excellency, for forcing forward the manufacture of salt, was authorized under the power to make " regulations and arrangements " for the support of such portion of the population as might be called into service. Salt was an article of prime uecessity, and there was danger that it could not be procured at all when wanted, unless something was done, as your resolution expressed it, (t to force forward " the manufacture. Under the same power, I have supposed that the Governor and Council were authorized to purchase, and distribute at cost, among the families of troops in service, cotton cards, and to sell at cost such surplus salt as might be found in the commissary department. Your Excellency introduced, on the same day, various resolutions, these two being a part-of the series. The remainder of the scries were referred, and some of them, in a modified form, were afterwards adopted. . None of them were objected to as being beyond (lie competency if the Governor and Council, though they propose, I think, the largest powers which we have ever been called on to exercise. 07 I insert a copy of the resolutions, although not adopted, as illustrat- ing the views entertained as to the extent of our aiithority. "Resolved, That the one-half of every beat company in the State, to be determined by lot in each company, be ordered immediately to Camp Lightwood Knot, near Columbia, and there to be organized into compa- nies, battalions and regiments. All officers to be appointed by this Council. "Resolved, That one thousand tents be ordered for this encampment of a reserved State force, and that to aid in carrying out this organiza- tion, the Chief of the War Department be authorized, in conjunction with the Adjutant General, to order into immediate service all the extra aids recently appointed in every District, to reorganize and take a census of the militia of the State. "Resolved, That the Chief of the War Department be authorized to appoint immediately two competent persons to take charge of the two powder mills in the upper pai^ of this State, and to take for the State all powder they may have on baud, together with all material, at proper valuation, and that any additional force be employed to put both mills in full operation for the State; and that all material- suited for making powder that can be procured, be immediately obtained, in such manner as the Chief of the Military Department may direct. " Resolved, That two competent persons be immediately appointed to control the Iron Works iu York and Spartanburg, if necessary, and to use all their resources, with any additional labor required, to cast fifty cannon, twenty of which shall be twelve and six-pounders, suited for field service; ten twenty-four-pounders, ten thirty-two-pounders, and ten forty-two-pounders, and to have them mounted and ready for ser- vice as soon as possible. f* Resolved, That all gunsmiths and artizans in brass and iron be col- lected, and employed in such foundries and workshops as may be designated, for making and repairing all small arms that can be made; and to execute the above resolutions, the Chief of the War Department, in consultation with the Adjutant General, is authorized to employ and use such agents as he may think proper. "Resolved, That one-half of all the cattle belonging to every person in the State shaft be immediately taken, at a fair valuation, for the State, and receipts for the same be given, obligating the State for the amount, to draw six per cent, interest sixty days after date, and that 13 08 such as arc riot fit or needed now to be killed, the owner of the same shall keep and fatten up, for proper compensation, until needed. u Resoloed, That one-half of all the flour now in the State, and one- half of all the wheat, be immediately taken, on proper valuation, for the State, and receipts tor the same given, as in the above resolution, and that the Chief of Justice and Police be authorized to carry out these resolutions, in such manner as he may think best for the State. ■• Resolved, That all the troops now in the State, in actual Con- federate service, for twelve months, be immediately called on to reenlist for the war, but not to be moved out of the State except by orders from this Council — this condition to be of force at the end of their present term of enlistment, and that the Chief of the Military, in conjunction with the Adjutant General, be authorized to carry this out, in such manner as he may think best for the State. "Resolved, That our Senators and Representatives in Congress be requested to urge immediately the adoption of measures necessary to establish a great Reserve Camp at or near. Atlanta, Georgia, of at least one hundred thousand men, each State to furnish its proper quota, and all officers to be appointed by the President, with the consent of the Senate." •;'.: • -■•-.;■ ... These resolutions contained tha first proposition to bring a portion of the population of the State into service by compulsion, and for assuming on our part the appointment of officers, both Field and Company. The right to do this I never doubted, under the power "to make and cause to be executed all such orders, regulations and arrangements as they (the Governor and Council) shall from time to time find expedient for bringing into service, organizing and supporting the whole or any part of the population of the State, to be employed in the public ser- vice." This grant of power, I think, was intended to give to the Council full control over the organization of any forces to be raised. But if there could be a doubt on this point, there is another Ordinance, passed by the same Convention, styled " An Ordinance in relation to a portion of the Militia," which is too explicit for controversy. It declares, in section first : " That no part of the Militia law shall stand in the way of the Governor and Council to organize and call into service any portion of the Militia of the State, as may seem most expedient." From the same source I derive the authority of the Governor and Council to make all the orders, regulations and arrangements in regard 99 to the military, which were afterwards adopted, whether iu contraven- tion or not of Acts of the Legislature. Next in point of time came the regulations in regard to the distilla- tion and sale of spirits. Your Excellency must remember the representations from the upper country as to the overwhelming evil which was to follow the unpar- alleled investments made, and about to be made, in the business of dis- tillation. The high price of whisky had induced such numbers to seek this new road to wealth, that a famine, it was thought, threatened the whole State. Money has been called the "sinews of war," but with us breadstuff* are preeminently so. I thought the evil came within the scope of our powers. By declaring martial law iu regard to this par- ticular subject-matter, it could certainly have been reached. But being unwilling to startle the community by an unnecessary declaration of martial law in prohibition of distillation from grain, I recommended the exercise of the power, as an incident to the power ''to make and cause to be executed all such orders, regulations and arrangements, as they shall from time to time find expedient, for bringing into service, organ- ising and supporting the whole, or any portion of the population of the State to be employed in the public service, and also for maintaining such efficient police as shall by them be thought necessary." Your Excellency, with, I think, every member of the body, yielded ready acquiescence, and I was instructed to draw the resolutions. I looked to the end proposed, and considered that the accustomed agencies would best effect the object, and offered the resolution that it should be de- clared "a misdemeanor" to distill grain, and the distillery should be deemed "a nuisance," subject to abatement. This " regulation" and "arrangement" was thought the most expedient, and was accordingly adopted, and made an "order," by, I think, a unanimous vote. Our right to make a regulation- iu prohibition <.f distillation is too clear for controversy. If there is error, it can only be in the manner of enforce- ment, which is less prompt and summary than is usual in Executive orders. Thus far, however, it has worked well. So, again, as to the sale of spirits under circumstances to affect our troops. The evil had become so great, that there seemed to be a universal outcry — murders, brawls, fatal accidents among our troops, particularly while passing on the railroads, had become of frequent occurrence. The scenes exhibited were shocking to decency. The disposition to interfere was unanimous with the Council, and your Excellency warmly approved. I believed we had the power in this ; as in the case of distillation, and proposed 100 similar resolutions in regard to sales of liquor within reach of our troops on the line of railroads. In aid of these efforts, railroad companies were appealed to, to refuse the transportation of spirits, and they promptly responded. Never, in my experience, has the making of regulations so nearly approached to »the attainment of the ohjects pro- posed, with the use of so little machinery in the enforcement. The cneerful, prompt and efficient cooperation of the Railroad Directors merit our thanks and the approbation of the community. Under the power " to make and cause to be executed regulations for an efficient police" I ventured to propose some amendments to a legislative Act which, by its title and provisions, was purely a police REGULATION for the invaded districts. As to military regulations, I have shown that we had express authority to "disregard" legisla- tive enactments. The regulation of the police being in the broadest terms committed to us, I deemed that we had the same power there. These have beeu termed "legislative acts." Regulations as to the military and police, have, for the time, necessarily, the effect of laws, Many orders and regulations from the Treasury Department, or the War Department, from the Adjutant General's office, are very like legislation, in form and substance. " Orders, regulations, and arrange- ments," so far as the subject-matter to which they refer is concerned, must infringe upon, or rather must occupy, a common ground with "legislation" on the same subject. If the 'Sovereign has delegated the right to make these regulations, the authority is rightfully exercised, call them by what name you will. According to the views I have presented, it rests alone with the Sovereign power — a Convention of the People, which metes out the powers of other constituted authori- ties — to determine what shall be the powers of the Executive De- partment, and what shall be the powers of the department called the Legislature. These matters, all of which met with the sanction of your Excellency, had, as I conceive, been committed to the Executive Department) as constituted by the Convention. The next matter, which was, as you know, for some time under the anxious consideration of the Governor and Executive Council, was the prohibition of the exportation of cotton, except under certain restric- tions, unless expressly sanctioned by the Confederate authorities. This measure, perhaps the most doubtful adopted, was approved by your Excellency and the whole Council, and did not originate with me. My reasons for approving have already been placed on the record, and a copy of the letter stating these reasons, by order of the Council was 101 sent to Mr. Meinrninger, Secretary of the Confederate Treasury, and published in the papers. I append a copy of this letter to this report. (See Appendix, B.) The establishment of a foundry for cannon, cannon equipage, balls and shell, and for the repair of small arms, with a nucleus for a small- arms manufactory in future, was, in express terms, within our powers. So as to the nitre plantation, now in satisfactory progress. So in regard to the importation of arms and medicines. In the matter of the gunboat, the Governor and Council acted under the direct authority of the Convention, by whom the specific appropria- tion was made. The surveys of the Santcc and Pee Dee, and mountain passes in this State, and North Carolina, and Tennessee, though they cost a small amount of money, were, as I conceive, within the general powers com- mitted to us, as well as the action since taken, as the consequence of those surveys. The two acts which have excited most dissatisfaction are the call for troops for the protection of Georgetown and the country above, after the abandonment of the Confederate forces, and the action of the Gov- ernor and Council with regard to a supply of negro labor in and near Charleston for building fortifications and harbor obstructions. Yet neither of these acts, surely, needs auy defence on the score of compe- tency on the part of the Governor and Council. The first was, in effect, to bring into service a portion of the population of the State, to be employed in public service, as we believed, of the most important character. Your Excellency's proposition on this subject was as follows : April 12, 1862. "Resolved, That all the militia of Georgetown, Marion, Horry, and Williamsburg, be immediately ordered out and organized into compa- nies, battalions and regiments, with the best arms and equipments that can for the present be procured, and that one thousand tents be ordered for them. "Resolved, That they elect their own company officers, and that this Council appoint field officers for this organization. "Resolved, That they be rendezvoused near Georgetown, to protect property, and to endeavor to defend the country to the best of their ability, as it is intimated that all our troops in Confederate service will be ordered from that section of the State, a jd thus open Georgetown to the enemy. 1 08 "Resolved, That the Quartermaster and Commissary Generals be im- mediately instructed to provide proper transportation and supplies fox said troops. "Resolved, Thai orders be issued by the Chief of the Military De- partment to stop any further supplies being furnished to the Confeder- ate troops from the State Commissary Department, and also that the same orders be issued to the State Quartermaster General. " Resolved, That the Chief of the Military Department be charged with the execution of the foregoing resolutions." The second, to wit : the impressment of negroes, was a disposition and appropriation (temporarily) of private property for public use. The last I shall touch ou in auother part of my report. It has been objected that offices have been created. What offices? Col. Jones was employed to audit some difficult accounts, and to act for General Harllee in his absence on public business, at an expense of just one hundred and eleven dollars and eleven cents. Major Melton was made an assistant to the Adjutant General, the Council paying only his very moderate bill of expenses in Columbia. Mr. Arthur was made Secretary of our body without any compensation from the Treasury. Lieutenant Follin was given a military rank, without any addition to the salary given him by the Legislature as Clerk to the Adjutant Gen- eral. An assistant to the Adjutant General was given for Charleston, at his request, with the rank and pay of captain. A Superinten- dent of the cannon foundry and manufactory of arms was absolutely necessary for such an establishment, and so as to the saltpetre planta- tion. Something was paid to some of the surveyors of the Santee, the Pee Dec, and the mountains, and temporary commissions given, though in two of these instances the valuable services of Mr. Niernsee were rendered gratuitously. Mr. James Tuppcr was made Central Secretary of the Commissions for the removal of negroes from the seaboard, and women and children from Charleston, at the request of a majority of the Commissions ; a very laborious office, in which he generously served without pay. The same gentleman has been recently appointed to examine and audit the accouuts of this State with the Confederate Government, going back to the 20th of December, 1860, and he serves for the mere amount of expense incurred in the performance of duty. The Doctors LeConte have rendered valuable service in examining salt springs and lead mines, but they, too, have worked gratuitously. The Chief of the Military has a Clerk. I have a Clerk, at the rate of five 103 hundred dollars per annum, and for a time had two Policemen in per- manent employment, at fifty dollars per month. This comprises, I think, everything, and the Ordinance expressly gives the Governor and Council the right " to constitute and appoint SUCH AGENTS as shall be necessary for the MORE efficient execution of the powers confided to them." I am not aware that any of these appointments have been objected to by your Excellency. I shall proceed, in part three, to report upon the action taken on those matters which have come more particularly under my individual control. Respectfully, your ob't servant, I. W. HAYNE. APPENDIX. AN ORDINANCE For Strengthening the Executive Department during the Exigencies of the Present War. We, the People of the State of South Carolina, in Convention assem- bled, do declare and ordain, and it is hereby declared and ordained, as follows : Sec. 1. Until the present war between the Confederate States of America and the United States shall have been terminated, and the forces raised in this State for the prosecution thereof shall have been disbanded, or until it shall be otherwise ordained by the People in Con- vention, the Governor shall be assisted, as is hereinafter directed, in the discharge of the duties imposed, aud in the exercise of the powers conferred upon him under the Constitution and laws of this State, or the Ordinances of this Convention, by a Council, to be called the Executive Council, which shall consist of the Lieuteuant Governor and three other citizens of the State, to be chosen by this Convention by a ballot, a majority of the votes cast at such election being necessary to a choice. Sec. 2. The Governor and the Executive Council, acting together, shall have power to declare martial law to such extent, in such places, and at such times, as shall be required by the exigency of public affairs; to arrest and detain all disloyal or disaffected persons, whose being at large they shall deem inconsistent with the public safety ; to order and enforce (subject to the owner's right to receive, due compensation from the State) such disposition of private property or appropriation thereof for public uses as the public good shall appear to them to require; to 105 make, and cause to be executed, all such orders, regulations and ar- rangements, as they shall, from time to time, find expedient for bringing into service, organizing and supporting, the whole, or any part, of the population of the State, to be employed in the public service, and, also, for maintaining such efficieut police as shall, by them, be thought necessary ; to make, procure or employ arms, munitions of war, and whatever else may be required for the defence of the State ; to consti- tute aud appoint such agents as shall be necessary for the more efficient execution of the powers hereby confided to them; for these purposes to draw money from the public Treasury, the Treasurers being bound to pay their draft from .any money in the Treasury ; to make all such nominations and appointments to military offices as the Governor has heretofore been authorized to make; to fill all offices and appointments where there is any vacancy for default of action by the Legislature or other appointing power, or for default of any provision by law of the mode of appointment, and to fill, until the nest meeting of the People in Convention, any vacancy which may occur in the Council by reason of the death, resignation or removal from the State, of any one of the three members thereof chosen by the Convention. Sec. 3. In the discharge of all his duties and the exercise of all his powers, not hereinbefore enumerated, the Governor is authorized to consult the Council, aud to require, if need be, its advice in writing. Sec. 4. The Governor aud Executive Council may, at their discre- tion, arrange some or all of the business to be done by them, into different departments, assign each department to one or more members of the Council, and make rules for the management of a department or other business. Acts done by either of the departments, in con- formity to rules or orders established by the Governor and Council, shall be valid, but shall be always subject to the control of the Gov- ernor and Council. Sec. 5. The Governor shall have access to the books and papers of every department, and the opportunity of being, at all times, fully informed of the condition of its business; reports to him shall be made by the heads of departments, when he may require them; and he shall communicate to this Convention and to the General Assembly, at every meeting of either body, full information concerning the transac- tions of the Council and the condition of every department. Sec. 6. If there should be a vacancy in the office of Governor, the Lieutenant Governor, having succeeded to that office, shall discharge the duties herein required of the Governor; and the President of the 14 106 Senate, having succeeded to the office of Lieutenant Governor, shall become a member of the Executive Council. Sec. 7. The Governor (or if he be necessarily absent, the Lieutenant Governor,) and any two of the members of Council elected by this Convention, shall be sufficient to*constitute a quorum ; and the concur- rence of a majority of all present, there being a quorum, shall be required for the validity of any action in which the Governor and Council are required to act conjointly. If by vacancies, the Council should be reduced to two or only one, the Governor, for the time being, with those two or that one, shall be sufficient to fill the vacancies iu the places of members chosen by this Convention, until the next meetiug of the Convention. Sec. 8. The Governor and Council shall keep a record of their pro* ceedings, and for this purpose the Special Private Secretary of the Governor shall be their Secretary without additional pay. This record shall especial'y show the reasons for every arrest made by their authority. Any one of them shall have the privilege of filing and thus preserving as part of the record, his di'sent from* their action in any matter. On the first day of each meeting of the People in Convention, the record of all the proceedings of the Governor and Council had prior thereto, shall be laid before such Convention, and the said proceedings shall be subject to review, and to repeal, or such modification by the Convention as to it shall seem proper. Sec 9. The first meeting of the Governor and the Executive Coun- cil shall be had within seven days after the adjournment of the present sitting of this Convention, at a time and place to be fixed by the Governor, of which he shall give notice to each member. Afterwards their meetings shall be regulated by their own orders aud adjourn- ments. Sec. 10. Each member of the Council shall receive an annual salary of two thousand dollars, payable quarterly out of the Treasury upon the draft or order of the Governor. Sec. 11. The President of the Convention, if in his opinion the public exigencies shall require, or if he shall be requested in writing so to do by any twenty members of the Convention, shall by notice under his hand duly published, assemble this Convention, without delay, at a time and place to be by him fixed, and he shall appoint a Committee of five members of the Convention, a majority of whom, or the survivors or survivor of such majority, shall, in case of the death, resignation or disqualification of the President, have the like authority and be under 107 the like obligation to assemble the Convention and appoint a time and place for its meeting; but neither the President of the Convention nor any member of the said Committee shall be a member of the Executive Council. [Certified copy.] B. F. ARTHUR, Clerk of Convention. 108 B. EXECUTIVE COUNCIL CHAMBER, Columbia, S. C, April 4, 18G2. The following preamble and resolutions, adopted by the Governor and Council, have been ordered to be published : * # * * # * * * Whereas, information has reached the Governor and Council that sundry small vessels have from time to time carried from the port of Charleston cargoes of cotton, which the Governor and Council have reason to believe have found their way to the enemy, and which cer- tainly have not brought back return cargoes of arms, munitions or army supplies : Therefore, Resolved, That during the continuance of the present blockade the exportation of cotton from any port in South Carolina is hereby pro- hibited, unless by the express permission of the Confederate or State authorities. Resolved, That an agent, resident in the city of Charleston, be ap- pointed, who shall be authorized to grant permission for the exportation of cotton on the terms hereinafter prescribed, to wit : Affidavit shall be made that no part of the cotton exported shall, with the conseut or con- nivance of the exporter, find its way into the possession of the enemy ; aud boud, with good surety, shall be given that the full amount of the net proceeds of the sale of said cotton shall be brought back into the Confederate States in arms, munitions of war, or army supplies, unless prevented by successful interposition of the enemyr [Extract from the Minutes of April 4.] By order of the Governor and Council. F. J. MOSES, Jr., Secretary. Columbia, April 11, 1862. The resolutions of the fourth of April, after lying over for two days, and the subject-matter undergoing discussion for several days previously, were unanimously adopted, the policy being approved by the Governor and every separate member of the Executive Council. We believed that we were but attempting, as far as it was in the power of the State authorities to do so, to carry out a settled policy, sanctioned by nine- 109 tenths of the people of the Confederate States. We have been of opinion that the exportation of cotton, at all, was conceded to be an evil, so long as the blockade was tolerated by neutral powers, but that our necessities were such as to make the importation of "arms, munitions and army suppiies," and perhaps some other articles, an object so important that such importation more than counterbalanced the evil of a limited exportation of cotton. We desired, without in any degree interfering with the Confederate Government, to make the ex- portation and importation correlative. To effect this, we prohibit exportation, without < xpress permission of the authorities of either one or the other of the Governments. The failure to prohibit by the Con- federate Government is not an express permission. The custom-house clearance we have not considered as an express permission, unless the Government should declare that if is so intended. If it should so declare, we are foiled iu our efforts, that is all. But if it does not so declare, we propose to prevent the exportation, unless by a special permission, according to the circumstances of each case, from the one authority or the other, or by a permission through an agent on the general terms specified iu the second resolution. Now, this can surely bring about no conflict between the Govern- ments. As to the citizens claiming rights as secured by existing laws, that, I admit, is a different question. That is a question we supposed would be made; but unless the Confederate Government interferes in their behalf, we do not doubt either our power or the propriety of its exercise. Some months ago, you must remember, that Mr. Trenholm proposed to ship cotton, and had a vessel partly loaded for the purpose. Public opinion was, at that time, so general and decided in opposition to such exportation, that Mr. Trenholm, when appealed to, yielded to its force. He desisted for the time, and took the cotton from his vessel. I shall not now enter into the argument to show the grounds upon which this overwhelming popular sentiment rested. I expressed my views pretty fully through the papers at that time. Suffice it that, in the opinion of the Council, this seutiment is well founded. We believe the exporta- tion of cotton, in any other than certain exceptional cases, to be injuri- ous to the public interests. We are charged with high powers for protecting the public safety, and promoting the public welfare in the exigencies growing.out of the present war. Among these powers are these : "to declare martial law; to arrest disloyal or disaffected persons, whose liberty we deem inconsistent with the public safety; to make 110 such disposition of prfvatt property, or appropriation thereof, for public uses, as we consider that the public good requires." We are further charged with "procuring arms, munitions of war, and whatever else may be required for the defence of the State." Now, cotton about to be exported is "private property," about, as we believe, to be appropri- ated to mischievous uses; have we not the power to "dispose of" it in another way? If, in our opinion, it is needed " to procure arms, muni- tions," and other things " required for the defence of the State," have we not the power so to appropriate it ? If we have the power to seize, dispose of and appropriate the cotton for such purposes, can it be usurpa- tion to declare that the owner shall so appropriate it, if he exports it at all ? The mere paper declaration is brutum fidnen unless enforced. If called upon to enforce the declaration, then begins the exercise of real power. Of course this has been considered, and when we seize the cotton and vessel, and appropriate them ourselves to procure arms, by sending them ourselves to Europe, we will do no more than exercise a power clearly delegated This argument applies to the powers of the Governor and Council, under the Ordinance. As to the power of the State, does not the right of eminent domain give to a State the absolute right to appropriate all private properly to public uses, subject only to the claim for compensa- tion ; more especially in times of war and public peril ? The simple resolution is no more than a Governor's proclamation. It may be bad taste to order what cannot be enforced, but as I have before said, it is only when enforcement is attempted that any substantial usurpa- tion can exist. The right to enforce, in the way we propose, is, iu my judgment, clearly in the State] and as clearly delegated by the State to the Governor and Council. I incline to think that any interference with the exercise of this right, by the Confederate Government, would be usurpation on their part. But ice do hot propose to raise any ques- tion with that Government. When that Government orders or asks, or even expressly permits cotton to go out, we not only do not attempt to en- force prohibition, but we declare, beforehand, our assent. I have written very hastily, but the subject I have considered. If Mr. W. P. Co' cock be in Charleston, please show him this letter, and ask him if he will accept the agency. He was appointed Agent simultaneous'y with the adoption of the resolution, and a copy of the resolution sent to him. « I am yours, truly, I. W. HAYNE. To C. R. Miles, Esq., District Attorney C. S. PAUT III. ON THE SPECIAL ACTION OF THE DEPARTMENT OF JUSTICE AND POLICE. To his Excellency, Governor Pickens, Presiding over the Ecscutive Council of Siu'li Carolina : I proceed now to report upon those matters acted upon belougiug especially to the DEPARTMENT OP JUSTICE AND POLICE, or committed to the head of that Department. First, as to the correspondence and conferences with the Commis- sions appointed by the Convention to take charge of the removal of negroes from the invaded Districts, and of women and children from Charleston. These Commissions, appointed by the Convention, and charged with discretionary powers, are independent of the Governor and Coun- cil, and were approached only in the way of suggestion, and for the purpose of obtaining information. On this subject, I have already reported, in special report No. 1, which I append to the present. (See Appendix, A.) These Commissions will report, I presume, directly to the Conven- tion. I have, as the head of the Department of Justice and Police, held correspondence with the Provost Marshals presidiug over the Police Courts established in the Seaboard Districts, under an Act of the Legis- lature, entitled " An Act to provide more efficient Police Regulations for the Districts on the Seaboard." This Act, providing Police Regu- lations for the invaded Districts, is that to which [ alluded as having been altered in some pirtieulars, by order of the Governor and Council. The alterations do no more than carry out what appeared to be the intention of the Legislature, except that extending the provisions to Charleston. Before the new Court was organized, martial law was 112 declared in the city, and the Mayor declining to act, as Provost Marshal, no steps have been taken to put it into operation. Undoubtedly, the amendments were "Police Regulations," iuteuded to make "more efficient" the "regulations" already existing. These Police Courts have, I think, for the most part, worked well, and have had a wholesome influence. The enforcement of the regulations prohibiting distillation of grain, and the sale of spirituous liquors in certain places, has been committed to me. In the matter of distillation, my information is that the inhibi- tion has, to a great extent, executed itself. Instead of distillation increasing to the fearful extent which was threatened, it has been less than was ever known before. Whether any prosecutions are in prog- ress, I do not know. Hearing of some violations in the District of- Pickens, I appointed a Special Police Agent, to go to that District and ascertain the facts. Several names were furnished him, but as no affi- davits accompanied, he made but one arrest. This was an individual whom he caught in the act of distillation. He was brought before me, as the head of Police, and placed in jail until I should determine what proceedings should be taken. After investigation, I discharged him without prosecution, on his promise to give bond, with surety, that he would not further violate the regulations of the Governor and Council on this subject. Another Agent was subsequently sent to Union Dis- trict, who caught a man there almost in the act of distillation, and who confessed that he had been so employed. The Agent made affidavit of the fact, and the Sheriff, under my orders, arrested the distiller, and delivered him to the Agent, to be brought before me, and lodged in jail, in Columbia. Some delay was created in this case, by the employ- ment of counsel, but he, too, was, after investigation, discharged with- out prosecution, on his giving bond not to violate further the regulations of the Governor and Council. An Agent in Pickens has more recently made as many as six arrests, but, as he informs me, on warrants issued by a Magistrate, en affidavit made that the parties were engaged iu distillation. I have instructed him that, upon giving good bond, and paying the costs and charges of Magistrates and Police Agent, they should be discharged without prose- cution, unless otherwise directed by the Solicitor of the Circuit. In all cases, the Police Agent is instructed to bring away the still of the party offending, to be used in the cannon foundry. In one instance, upon affidavit of the distillation at certain distilleries, the stills were seized without arrest of the parties. 113 For the .sale of liquor on the line of the railroads, I have had occa- sion to have but three persons brought before me, all of whom acknowl- edged their guilt, and were srlad to be relieved on giving bond and paying expenses. Several in Columbia, upon being warned, have volunteered the bond, and no actual arrest has taken place. In three instances, bar-rooms have been closed, and the key taken by the Policeman, but afterwards restored, upon giving bond. I have not considered any harsher action necessary, inasmuch as the evil origin- ally complained of — drunkenness of troops on railroad cars — has, to a great extent, disappeared, and public bar-rooms at the termini of rail- roads and at railroad stations, have been effectually suppressed. It will be observed that these arrests and temporary detentions, en- forcing regulations of Police, are such as the head of every municipal corporation makes daily. So far, they have been used to secure prelim- inary examination, as initiatory to an investigation of the violation of Police Regulations. These arrests are incident to the power " to make and enforce" the "Regulations" themselves, and are in no wi'se con- nected with the substantive power " to arrest and detain disloyal and disaffected persons, whose being at large was deemed dangerous." This latter leaves the party arrested without claim to bail or mainprize, and subject to imprisonment, as long as the Governor and Council might deem necessary to the public safety. I am pleased to state that no occasion has occurred requiring the ex- ercise of this high power — the arrest and detention of disloyal and disaffected persons. The first case presented was that of some man in York District, who, upon affidavit made of disloyal language, had been arrested and carried before Judge Withers. The Judge turned the matter over to the Governor and Council, stating that there were cir- cumstances inducing him to doubt the sanity of the party. By order of the Governor and Council, a Commission was instructed to examine into this issue. The physicians appointed on the Commission reported the man insane, and he was treated accordingly. Very many affidavits have been sent us, and still more frequently letters charging disloyalty, but we have in no case been convinced that the party charged " being at large, was inconsistent with the public safety." One man was sent to me in Charleston, under arrest from General Evans, charged with disloy- alty. I committed him to jail, but the charge not being pressed, and knowing something myself of the party, and believing that there was some misapprehension, I some days afterwards discharged him. The passport system, introduced at the instance of your Excellency, 15 114 was committed to me. A passport was required of all persons coming into or going out of Columbia. To execute this, I employed two police- men, at fifty dollars per month, to attend to this business, and remain subject at other times to my order. With the cooperation and assist- ance of the Railroad Agents the system worked with some degree of efficiency, but it was found that, without incurring much greater ex- pense, the surveillance could not be made complete, and the necessity not appearing urgent, the resolution was suspended. Upon the matter of the supply of negro labor, for the defence of Charleston, partially committed to me, the question has been so delicate and full of difficulty, that I have not ventured to act without consulta- tion with yourself and the Council. The Council found the system of impressment of negroes already inaugurated by a resolution of the Leg- islature when they came into office. Complaints were already loud and frequent. The first efforts of the Council were directed to putting a limit on the existing power. Your Excellency, as well, I believe, as every member of the Council, preferred that the forced labor should be taken from that portion of the State where it was least available to the owners and to the community, and could be best spared. They con- fined the impressment to the city and the adjacent invaded Districts. The Confederate Generals loudly complained, and a Commission, ap- pointed by ourselves, reported that it was impracticable to get labor enough there. Gen. Ripley declared, in plain terms, that with a sup- ply of negro labor Charleston could be made safe, but that without this labor he would not feel himself responsible for consequences. I myself, at this point, was willing to do what we have recently ordered, that is, open the whole State, and equalize as far as possible the burthen. Your Excellency and the other members of the Council, hoping that each call would be the last, preferred still to confine impressment within as narrow limits as possible. Thus, until the adoption, at your instance, I believe, of Col. Chesnut's report, and the system there recommended, impressment had been confined to Georgetown, Charleston, Colleton, Beaufort, Williamsburg, Clarendon, Orangeburg, and Barnwell. The number of negroes furnished from this region I have not been able to ascertain, but, altogether, it must be more than is now called for from the Districts hitherto exempt. Nothing that has or can be said on the subject of hardships and mis- chiefs growing out of such requisitions, has escaped the consideration of your Excellency and the Council. It has appeared to us, however, under the circumstances, a necessity, and we have met it. 115 The same necessity which justifies the conscription of the white man, justifies the impressment of the negro. As I have said, the power to impress is clearly given under the authority to order and enforce the disposition and appropriation of private property to public use ; the only question which has arisen, was on the propriety of its exercise. It is proper to state, in this connection, that although the Governor and Council are responsible for the extent of the authority given to the Confederate Generals, in the earlier stages, the requisitions themselves, as well as the mode and manner of enforcement, was committed .to them. The calls were so sudden, and the emergency represented as so pressing, that, considering the occasion as temporary only, it was left to those who best understood the necessity, and who alone had the practical means to enforce obedience, to raise the labor required. Afterwards an agent was appointed, to act under the directions of the General — but though instructions were given to equalize as far as possible the burthen in the region designated, still, where parties neglected or refused to re- spond to the requisition, the enforcement was, from necessity, committed to the Confederate General. We had not at command either troops or other means to compel compliance. On such a subject we, of course, have received many memorials and communications, to which we have respectfully replied, through some member of the body. One memorial, signed by the greatest number of citizens, and by gentlemen of the highest consideration, was, before we had time to act upon it, published in the papers. In reply to this, we published a report from Professor Holmes. I have before adverted to the resolution introduced by your Excel- lency, on the subject of the manufacture of salt. It is as follows: "Resolved, That fifty thousand dollars be set aside to encourage and force forward the manufacture of salt, and that the Chief of Justice and Police be authorized to execute this in such manner as he may think best for the State." Though the whole subject was thus committed to me, the practical exercise was so far removed from my past pursuits, and so little in the line of any natural gifts which I might suppose myself to possess, that I invariably applied to the Council for advice. The very extraordinary price to which, soon after, salt advanced, seemed in itself as well cal- culated "to force forward" its manufacture as anything within the power of the Council. Some men, however, who desired to engage in the manufacture, were without the means, and it was deemed expedient 110 to advance the money — to be paid for in salt. All seemed to be checked in some degree by the fear of loss by capture or destruction by the enemy, and the Council agreed to assume that risk, on certain con- ditions. At a time when Charleston was greatly threatened, and after the Confederate troop3 had abandoned Georgetown, the coast in Colleton and Beaufort being already, to a great extent, occupied by the enemy, Horry appeared to be the only region open for salt operations. Gen. Harllee, being well acquainted with the people and the localities, undertook, at the request of the Governor and Council, to go personally and make contracts, and appoint an agent to Represent the State. So far as that region of the State is concerned, I am only charged with superintending the contracts thus made. A tabular statement will present what has been done. (See Appendix, B.) In addition to what there appears, I will add that Professor John LeConte, at my request, visited a portiou of the country where it was supposed that salt wells might bo obtained. His report was unfavora- ble, and the estimate of Mr. "Welton, the Superintendent of tho Artesian Well in Charleston, as to the cost of an experiment, being very high, it was not thought expedient to enter upon the enterprise. Due inquiry has been made at the salt works in Virginia, as to the possibility of making some arrangement for a supply of the wants of the State, but the information so far is unfavorable. I was charged with the execution of a resolution, adopted March 1st, to wit : "Resolved, That the sum of twenty-five thousand dollars be loaned to the Charleston and Savannah Railroad Company, upon the condition that any future indebtedness of the State to the Company, for trans- porting troops, or carrying provisions, or any other purpose, shall be considered a payment by the Company of a part of the said loan, and that the cars or other property purchased with the money loaned as above, shall be mortgaged to the State." This was adopted at a time when the region of country through which this railroad passed was considered in immiueut peril, and the removal of negroes, provisions and other property was deemed of the utmost importance. The road, it was represented, could do a much larger business but for an insufficiency of cars, and of switchesand turn-outs. I insert the report of the President of the road upon this subject, but recently received : n: " President's Office, Charleston and Savannah R. R., Charleston, August 16, 1862. 11 Hon. I. "W. Hayne, Chief D op 1 1 Justice and Police, Columbia, S. C : " Dear Sir : On the 22d March last I had the honor to report to you the result of my effort to purchase twenty (20) cars, under a reso- lution of the Council (March 1st). After a thorough inquiry, I could only ohtain the number authorized •with great difficulty here. Roads everywhere refused to listen to proposals for the sale of any portion of their rolling stock. "The price agreed upon was §12,250 (twelve thousand two hundred and fifty dollars), but in consequence of a difficulty in delivering the cars, I have not yet called for the appropriation. I expect to do so, however, in a few days. " Under the resolution above referred to, we were also authorized to construct additional turn-outs, for the purpose of aiding the removal of provisions and other property from the line. Tbe work, so far as we felt warranted in proceeding, has been done. And I beg to enclose you statements of its cost in full detail. The amount, 68,262 03, you will please cause to be remitted at early convenience. I take the liberty to add that it would not be easy to estimate the importance to the public of the aid thus furnished by the Council. " With great respect, (Signed) W. J. MAGRATH." The amount advanced will, I have no doubt, be made good, ulti- mately, to the State. About the same time the attention of the Governor and Council was called to the advantages which would accrue from uniting the Charles- ton and Savannah Railroad with the South Carolina and North-Eastern Railroads, and more particularly the completion of a bridge allowing rolling stock of the Charleston and Savannah Railroad to cross the Ashley River. Generals Lee, Pemberton and Ripley expressed the greatest interest in the work, and the two latter pronounced it a military necessity. Time has only served to magnify the importance of the enterprise. The rolling stock of the Charleston and Savannah Railroad must alone be worth at this time (that is, if money can be made a measure at all of that which, all important in itself, cannot be supplied elsewhere,) at least a half million of dollars. If that road should get even into temporary possession of the enemy, the rolling stock must inevita- 118 bly be lost. But the connection proposed is of the utmost importance. After a great deal of negotiation, and the failure of many efforts on the part of the Governor and Council, the following resolution was adopted, to wit : Resolved That the Chief of the Department of Justice and Police be authorized to take all necessary measures to have the connection completed between the Charleston and Savannah Railroad and the South Carolina and North-Eastern Railroads: Provided, in his judg- ment, it can be effected for anything within the sum of thirty-five thousand dollars, General Pemberton having pronounced the work a military necessity." Upon the report of competent engineers, I concluded that the work might be accomplished for the thirty-five thousand dollars, aud accord- ingly appointed a Commission, to consist of Messrs. W. J. Magrath, President of the Charleston and Savannah Railroad Company; Alfred Ravenel, President of the North-Eastern Railroad Company; and H. T. Peake, Superintendent of the South Carolina Railroad, to execute the work. I have recently received from Mr. Magrath the letter appeuded, together with the report of the Engineer, which I likewise append : "President's Office, Charleston and Savannah R. R., " Charleston, August 16, 1862. 11 Hon. I. W. IlAYNE, Chief Department Justice and Police, Columbia : "Dear Sir: I have the honor to submit for your information, the accompanying report of B. D. Hasell, Esq., Vice-President of the Charleston aud Savannah Railroad, on the progress and present condition of the Ashley River bridge. " When, in May last, I undertook, at your request, in connection with Messrs. Ravenel and Peake, to arrange for the execution of this work, I immediately placed it entirely in charge of Mr. Hasell, whoso large experience aud ability as an engineer would, I felt sure, accom- plish all that could reasonably be looked for. " It is hardly necessary that I should add anything in confirmation of the Engineer's statements of the obstacles he has had to encounter, and which have greatly retarded the work. It is well known to you, and to all, how difficult just now it is to forward, with energy and rapidity, enterprises of any magnitude, and this work has been peculiarly embar- rassed by the necessities of the Confederate authorities for the very material, machinery and labor indispensable to its speedy completion. 119 " I am gratified, however, in being able to state that so far, in this month, the progress of the work is much more satisfactory than pre- viously. We are all animated by a most earnest desire to bring it to as early and successful conclusion as possible, and will unite all our energies for the purpose. "With great respect, (Signed) W. J. MAGRATH, Chairman." "President's Office, Charleston and Savannah R. R., "Charleston, August 11, 1862. "W. J. MAGRATH, Esq., , Agent of the State df South Carolina: " Dear Sir : Up to this date, the piling for sixty-eight piers of the Ashley River bridge have been driven, fifty-four piers have been capped, and three hundred lineal feet of longitudinal braces have been put on the caps. The original estimate calls for one hundred and fifty-two piers of the main bridge, and, therefore, 46-100, or nearly one-half of the piling, is finished. None of the corbels or stringers have been put on the bridge, but the timber is mostly on the ground. The value of the work done, and materials furnished, may be estimated in round numbers at ten thousand five hundred dollars. " The slow progress of the work is mainly attributable to the diffi- culty in procuring hands and labor, and also additional pile-drivers. " The contractor had, at one time, two pile-drivers engaged on the bridge, but was compelled to give up one, to be used by the Govern- ment on harbor defences. " With the present difficulty in procuring labor, tools and materials, I doubt if the contractor will be able to finish the bridge much before the time when we may expect the enemy to renew his demonstrations against us in the fall. " Very respectfully, jours, (Signed) BENTLEY D. HASELL, Vice President:' I believe I have touched upon everything appertaining to my De- partment, or specially committed to me. With regard to the provisions of section number eight of the Ordinance of the Convention for strengthening the Executive, to which my attention was particularly called by your Excellency, to wit : That " the record shall especially show the reasons for every arrest made by their authority," I have referred this provision to arrests made under the second great substan- tive power grauted, to wit : the power " to arrest and detain all disloyal 120 and disaffected persons whose being at large they shall deem inconsis- tent with the public safety." This power, necessarily discretionary, which requires no affidavit or specific averment, and which, if my views are correct, habeas oorpus would not remedy, it was very necessary to guard. Being in this matter responsible to no other constituted authority than the Convention, a full disclosure to that body is specially enjoined. No such arrests, as I have said, have been made. The arrests already mentioned, preliminary to further proceedings, and which, if wrong, a habeas carpus would remedy, are such as, I have before remarked, every Mayor of a city, or Iutendant of a village is in the habit of order- ing almost every day. The affidavits are on file, however, and can be seen. The names I have withheld in this report, thinking it aa un- necessary mortification to the parties to publish them. Respectfully, your ob't servant. I. W. HAYNE. APPENDIX. A. STATE OF SOUTH CAROLINA. Department op Justice and Police, Columbia, S. C, March 3, 1862. As Chief of the Department of Justice and Police, I have the honor to make my first written report. The action heretofore taken by this Department, having been the subject of almost daily consultation with the Governor and Council, I have not, up to this time, considered a formal communication as necessary; but having been six days absent from Columbia on official duty, I now respectfully report : That on Saturday, the 22d instant, at three o'clock, I received a telegram from Gen. S. R. Gist, stating that General Ripley, the General in command, desired my presence in the city immediately, aud> that he (General Gist) and Judge Magrath thought it important that I should come down at once. I left in the five o'clock train, arrived in Charles- ton at daylight, and at nine o'clock, A. M., saw General Ripley. He informed me that certain changes in the disposition of the forces along the line of the Charleston and Savannah Railroad were probable, and read to me a correspondence between Gen. Lee and himself on this sub- ject. I agreed with General Ripley, that the change, if made, would render a prompt and more efficient action proper on the part of the Commissions appointed by the Convention to execute the Ordinance and Resolutions on the subject of removing negroes and other property from invaded territory. I found that these Commissions had not had any meeting of consultation, and that several of the Commissions had never met among themselves. Though these Commissions are inde- pendent of each other, and, as I think, of the Governor and Council, having certain large discretionary powers vested in them separately by the Convention, yet some concert of action, or at least a comparison of views, appeared to me eminently proper, and had been advised by me as Chief of the Police Department, immediately after my appointment. 16 122 Though without the power to control the separate Commissions in the exercise of their discretion, I had considered it as a duty devolved on the branch of the Executive authority committed to my Department, to advise with aud offer aid to these Commissions, and had accordingly, at an early day, opened correspondence with the Confederate Generals on the subject, and communicated the result, with my own suggestions, to the Chairman of these Commissions. The Confederate Generals concurred in recommending, from the first, that preparations should, without delay, be made by the Commissions acting under the Ordinances and Resolutions of the Convention. On Monday, the day following my interview with General Ripley, I called together as many of the Commissions as could be assembled on so short a notice. The Commissions, except those of Georgetown and Horry, were represented. I found, from their report, that very little had as yet been done. I pressed upon them the importance of more prompt and active exertions, and after learning the communication from General Ripley, some impression seemed to be made upon them. The President of the Charleston and Savannah Railroad Company was before us, and it appeared that the means of transportation were very limited, and were further embarrassed by the irregular calls of the military. It was apparent that no general exodus could be effected. It was the opinion of those present, that in the time now permitted for action, the voluntary movers would consume all the means available, and that it was therefore inexpedient to notify parties that they were required to remove, or to use compulsion, so far as owners were con- cerned. These Commissions were anxious to be more definitely informed as to proposed military changes. I went accordingly, at their request, to Savannah, and saw General Lee. He stated that there w r as really no positive change in the military policy, but that he was more than ever convinced, from recent developments, that the enemy meant to attack both Savannah and Charleston, aud that when Charleston was attacked he felt more than ever assured that it would be in such force that its defence would require the concentration "of his own forces, particularly General Pemberton's command, and that this would necessarily leave a large and wealthy portion of the State at the mercy of the enemy. I returned the next day, and being unable to assemble the Commis- sions that evening, called them together for the next day. I reported at this meeting, and the Commissions seemed convinced of the neces- sity of immediate proceedings. The Commissions further requested 123 that I would obtain a central Secretary, residing in Charleston, to aid the Commissions in the contemplated removals. James Tupper, Esq., a gentleman eminently qualified for these duties, had previously volun- teered his services in any way he could be made useful to the State. I spoke to him after the meeting of the Commissions, and obtained his consent to serve in this way. I recommend his appointment by the Governor and Council. It was at the first meeting of the Commissions that- the resolutions communicated to this body, and upon which it has since acted, were adopted, in regard to an appropriation of money to aid in increasing the means of transportation on the Charleston and Savannah Railroad. I returned to Columbia in the night train of Friday, immediately after the business above referred to was completed. I. W. HAYNE, Chief of the Department of Justice and Police. L24 safe's « * ">. a$ S 3 $5° fig T3 ^ a Z2 i S 05 J3 2 s s o 3 M Hj o 1 u a * p. o o S 01 3 pq 2 t * M Q E •«N 125 ■S-S .2 ° ■ a! _ T3 ■** © a -; a s a> h . e -s . a* 9 2, ad c ^ <: - •- 65 a": p. g-a o § N-3 a - .= 5 J»! *> J3 525 ||^ -2 I « r 1 I 1 — g a -^ a e *• S 3 **°- *• S — J jO »* 9 M » O 3-S .ro * to 2 c L - a •- s s « r I __ _> to -; *j ^ gal- §e$\"j-'S«9 ajj-u 2 a . g rf 3 *» •- ~ — c: » 3 -- ~ -1 -T3 3-9 » « 1"° 3 ffl b d 2 ° "3 > ft* a fe s «--.aj: 3; DO o « .a rt .- ri r-l ■- » , ■M (C a < 00 a ' H ' a '""' «S H a H -«J Soun Counl l> M a a K 3: 00 t« 13 3 fl 3 c > f 8* iflz 55 >. & a ■«S a 3 K &-. s a a 1 c - % c ) REPORT OF TIIE. SUB-COMMITTEE ON THE REPORT OF THE CHIEF OF THE DEPARTMENT OF TREASURY AND FINANCE. The sub-committee of the Committee of Twenty-one, to whom was referred the "Report of the Chief of the Department of Treasury and Finance," beg leave respectfully to report, that they have performed the duty assigned them, and find that the affairs of this Department have been managed with great fidelity and accuracy. All the books and vouchers have been carefully examined, and the accounts found to be correct and eminently satisfactory. R. B. RHETT, Chairman, THOS. Y. SIMONS, WM. D. JOHNSON. N EEPORT OF THE CHIEF OF THE DEPARTMENT OF TREASURY AND FINANCE TO HIS EXCELLENCY GOVERNOR PICKENS. 17 REPORT. EXECUTIVE COUNCIL, SOUTH CAROLINA, Department of Treasury and Finance, Columbia, August 1st, 1862. To His Excellency Gov. Pickens : Sir : In accordance with your request, I have the honor to submit a Report upon the transactions of the Department of the Treasury and of Finance. This Department was assigned by the Governor and Council to the Hon. Wm. H. Gist and myself, under the Ordinance of the Convention, entitled an " Ordinance to strengthen the Executive during the cxigen- cies of the present war." My associate having been subsequently appointed Chief of the Department of Construction and Manufacture, the duties of this Department have x since that time, devolved princi- pally upon me. Rules for the management of this Department were adopted by the Governor and Council, ou the 17h of January, 1862. A copy of these rules are herewith submitted, marked A. By these rules the Chiefs of the Treasury ware required to ascertain what funds were subject to the drafts of the Governor and Council, and what demands existed against the said funds; to enforce the proper accounting of disbursing officers, and to require to be submitted, whenever practicable, estimates for expen- ditures, before advances were made from the said fuuds; to adjust and present for payment such claims of the State against the Confederate Government as had not been entrusted to other hands; and to keep regular accounts of the receipts aud disbursements of the Department, and exhibit them to the Governor and Council whenever required. The only fund upon which drafts have been drawn by the Governor and Council has been that derived from the sale of stocks issued under the Act of Assembly passed in December, 1861, and entitled " An Act to authorize the issue of stock to the amount of §1,800,000, for the military defence of the State, and for other purposes." The funds arisiug from the sale of this stock were subjected to the order of the I Governor by the Appropriation Act of 1861, and these funds have been drawn and disbursed, in every instance, upon your Excellency's drafts upon the Treasury and checks on the Bank cf the State and its Branch in Columbia, countersigned by one of the Chiefs of the T* ea.su ry. From the Statements 1 aud 2 of the Treasurer of the Lower division, herewith submitted as Exhibit B, it will appear that of the §1,800,000 authorized to be raised by the Act of 1801, there has been realized, from the subscriptions of sundry Banks of this State to the stock issued under the said Act, including- interest, the sum of 81,521,180 81. The difference between the principal of this sum aud the whole issue authorized by the Act (§285,290), is the proportion of the Bank of the State to the said subscription. For this balance of stock unsold, no issue, as I am informed, will be made, but the said sum will be advanced by the Bank of the State as the exigencies of the Treasury may require. Of the cash realized from the sales of the said stock, 3300,000 was appropriated by the last Legislature to the payment of the loan to the State, made by certain Banks under the resolution of the General Assembly, adopted at its extra session, held in November, 1861. This last sum, together with the interest thereon (82,803 09), deducted from the cash proceeds of the sale of the stock, will give 81,218,377 72. The amount paid into the Treasury by the Bank of the State, according to the statement of the Treasurer of the Lower Division, is 81,254,706 98, which is 836,329 26 in "excess of the proceeds of sales, after providing for the loan of 8300,000, aud is to be reimbursed to the Bank from the value of stock unsold. Exhibit B., No. 3, will show the details of this computation. As to the periods at which the stock was sold, it may be proper to state that the Presi- dent of the Bank of the State found it impracticable, as I am informed by him, to act upon the suggestion of your Excellency, that the stock should be sold only as the demands upon the Treasury might require, and thus avoid the loss of interest which the State would otherwise incur. The Banks which subscribed for the stock, having setf opart funds for that purpose, were unwilling to postpone their investments, or hold their quotas idle, and hence the sales were made at the times mentioned in the Statement of the Treasurer. The accompanying account marked C, exhibits in detail, all the receipts and disbursements by the Governor aud Council up to the date of this report. The aggregate of expenditures is 8938,235 57. The items which make up this sum, are arranged under the different heads of disbursements for the respective departments of the Council and for 133 the contingent expenses of the Executive and Adjutant General's De- partments. The amount expended for each of these Departments is as follows : For the Department of Military $826,404 82 For the Department of Construction and Manufacture 89,G84 57 For the Department of Justice and Police 15,985 48 For the contingent expenses of Executive and Adjutant General's Departments 6,160 70 All of the purposes for which the above expenditures were made, were, strictly speaking, for the military defence of the State, being directly or indirectly connected therewith. But I have thought it best to make the classification above indicated, so as to show the expenses of each Department, and to make the general accounts of the Treasury harmonize with and corroborate the separate reports of the different Departments. In accordance with the rules of this Department I have required that all advances of funds should be preceded, whenever practicable, by requisitions approved by the head of the proper Department and passed for payment by the Governor and Council. The accounts of the various Military Bureaus have also been critically examined with their vouchers, and being approved aud certified have beeu deposited with the Chief of the Department of the Military. I respectfully request that the books and vouchers, from which the accounts now submitted are pre- pared, may be examined and passed upon by such Committee as your Excellency may select, or such as the Convention or Legislature may designate. The abstracts, marked D., which accompany this report, exhibit in a condensed form the present condition of the stock and cash account and the balances thereof still subject to draft under the Appropriation Act of 1861. The said balances at this date are as follows : For Stock unsold 0285,290 02 Less advanced by Bank 36,329 26 248,960 74 For Cash in State Treasury 254,706 98 For Cash in Bank of State 69,636 13 For Cash in Branch Bank, Columbia 24,196 37—348,539 48 Aggregate balance of Stock and Cash.. §597,500 22 This balance, still subject to the order of the Governor and Council, 134 will, in all probability, be increased, at no distant day, by tbe receipt from the Confederate Government of tbe amount expended by the State upon the iron-clad gunboat now in course of construction, in Charleston, uuder the order of the Convention, and which boat the said Govern- ment has agreed to take at its cost. The amount thus far paid on account of this boat is §170,000 This sum has beeu drawn from the fund arising from the stock sold under the Act of the Legislature for the defence of the State, without resort to the appropriation of the Convention for that specific object. The above balance of cash on hand may be still further increased over $100,000, by fuuds arising from the sale of Ordnance, Quartermaster and Commissary stores. These funds are now subject to the order of the Chief of Department of the Military, to whose report upon this subject reference is here made. The duties imposed upon the Chief of the Treasury by rule 4th of this Department, relating to the claims of this State against the Confederate Government, have been extended by certain resolutions introduced by your Excellency, and adopted by the Council. A copy of these resolu- tions are appended, marked E. Previous to the organization of the present Executive Council, my predecessor in the Treasury Department, General W. G. DeSaussure, had prepared aud presented the claims of this State against the Confederate Government, up to the 1st of July, 1861. These claims he was not allowed the opportunity fully to audit during his attendance at Richmond for that purpose. And upon the assurance that the said claims would be verified during his absence, he left them with the Auditor of the Confederate States Treasury, together with the necessary vouchers, and returned home. Since that time no information has been received if? response to my inquiries as to what progress, if any, had been made in auditing the said claims. In February last $250,000 00 was paid by the Confederate Government to Gen. DeSaussure, on account of the claims of this State, which sum was by him deposited in the Treasuiy, where it now remains. As to the claims which have accrued since the 1st of July, 1SG1, no defi- nite result has as yet been attained, although some progress has been made in their ascertainment. I have called upon the heads of the difl'creut Military Bureaus in the State for reports upon their operations duriug my term of office. When these are submitted, I will be pre- pared to complete the adjustment now in progress of the claims against the Confederate Government, which have accrued within that period. Having been called by the orders of the Governor aud Council 135 to other duties in connection with the military defence of the State, I was furnished by them for one month with the assistance of Gen- eral James Jones, to whose systematic and business habits I am much indebted, not only in auditing a portion of the accounts, but for the arrangement and classification of the books and business of the Depart- ment. I have the honor to be, very respectfully, Your obedient servant, W. W. HARLLEE, Chief of Department of Treasury and Finance. 136 EXHIBIT A. Executive Council Chamber, January 17, 1802. Rules for the Management of the Department of the Treasury and Finance, adopted by the Governor and Executive Council. RULE I. The Chiefs of the Department of Treasury and Finance shall proceed without delay to ascertain from the proper Officers a state- ment of the funds in the Treasury of the State, subject to the drafts of the Governor and Council, under the powers conferred on them by the Ordinance of the Convention, and the appropriations of the Legis- lature which may be so subject, as well as ascertain what other sums which may come into the Public Treasury that may be subject to the drafts of the Governor and Council, from anysources; also the present demands upon the Treasury, for expenditures, purchases of all descrip- tions, for transportation of troops, munitions of war and other supplies, and report the same to the Governor and Council. Rule II. It shall be the duty of the Chiefs of said Department, or either of them, to require all disbursing officers in the military service of the State, and all others entrusted with public funds for army pur- poses, to account at such stated periods as may be fixed by them for disbursements of money entrusted to them, and produce proper vouchers therefor, and to report the same to the Governor and Couucil ; also to require estimates to be submitted by such officers, with the approval of the Chief of the Military Department, of the necessary expenditures for the military services of the State, or for the purposes of police, &c, when the same is practicable, before the funds are advanced to them • and when practicable, such estimates shall be submitted to the Governor and Council, and such advances as are made, and the amounts thereof, shall be determined on by the Governor and Council prior to such advance. Rule III. All drafts on the Treasury and the Dank of the State, authorized to be drawn ! y the Governor and Council, under the Ordi- nance of the Convention, or by the Governor, for military purposes, under the Acts of the Legislature, shall be countersigned by either of the Chiefs of said Department. Rule IV. It shall be the duty of the Chiefs of said Department, or one of them, to present for settlement and receive from the Con- federate Government, such sums of money as may be due to this State 137 for advances made by this State, properly chargeable to the Confederate Government, and to receipt for the same, except such claims as are already in the hands of Hon. "W. G. DeSaussure, lately in the Depart- ment of the Treasury, and such as, by the laws of the State, he may be required to receipt for. All sums so received by the Chiefs of said Department, or either of them, shall be deposited in the State Trea- sury, and reported to the Governor and Council without delay. Rule V. The Chiefs of the said Department are authorized to make a distribution of the duties and powers of the. Department betwixt themselves, and to establish such rules as they may deem advisable for securing the proper accounting of officers and others, which shall be reported to and subject to the approval of the Governor and Council ; but the signature and acts of either one of them shall be as valid in the- said Department as if done by both. Rule VI. The Chiefs of the said Department shall keep a book or books, showing the transactions thereof, both in the receipts and dis- bursements of money, which shall be exhibited to the Governor and Council at such stated meetings as they may require; and for this pur- pose they are authorized to procure the services of a clerk, at such rate of compensation as shall be fixed by the Governor and Council. By order of the Governor and Council. F. J. MOSES, Jr., Secretary. I \- 138 EXHIBIT B— No. 1. Subscribers to Loan 81,800,000, under Art of Drcrmbrr, 1801. BY Bank of Charleston Bank of South Carolina State Bank Union Bank Planters' and Mechanics' Bank Farmers' and Exchange Bank People's Bank South Western Bailroad Bank Exchange Bank of Coluiuhia Bank of Hamburg Planters' Bank, Fairfield Bank of Chester Merchants' Bank of South Carolina Bank of Georgetown Bank of Newberry Bank of the State of South Carolina* (not issued) Amount Bub- Bcribed for. 1368,330 121,621 107,079 121,621 121,621 121,621 180,000 93,159 53,540 53,540 32,000 36,486 42,831 21,416 48,485 276,650 Amount l'urn'ed. $368,330 121,620 107,070 121,620 121,620 121,620 180.000 93,150 53,540 53,540 32,000 36,?60 42,830 21,410 40,000 285,290 $1,800,000 §1,800,000 Banks that refused to subscribe, Bank of Camden, Commercial Bank of Columbia. *This represents the balance unsold in hands of the Bank. 139 EXHIBIT B— No. 2. Proceeds of Sales of Seven Per Cent. Stoc7c, $1,800,000 loan, issued under Act of December, 1861, and Disbursements of the same under Appropriation Act of December, 1801, and under the regulation of the Executive Council. 1862. Jan. 24 Feb. 3 Mar. 14 Mar. 24 Jan. 10 May 19 May Apr. July 17 RECEIPTS. Proceeds deposited by Bank DISBURSEMENTS! Paid draft of Governor, in favor of C. M. Furman, President Bank of State, under Act of December, 1861 Paid order of W. H. Gist, Chief of_ Treasury Department, under resolution of Execu- tive Council, deposited in Bank of the State, " subject to draft of Governor, counter- signed by one of the Chiefs of Department of Treasury and Finance" Paid same and deposited as last Transferred to Treasury Upper Division, on draft of Chief of Treasury and Finance. ... Paid F. W. Pickens, Governor, and W. W. Harllee, Chief of Treasury and Finance Balance undrawn 7th of Aug. 1862 $688,500 00 230,000 00 292,872 42 43,334 56 $1,254,706 98 500,000 00 100,000 00 100,000 00 150,000 00 150,000 00 1,000,000 00 $251,706 98 W. J. LAVAL, Treasurer Lower Division. HO EXHIBIT B— No. 3. Statement thawing Sales of State Seven Per Cent. Stock, under Act of December, 1861, by Hank of tlie State of South Carolina, and d%$- position of the proceeds thereof. 1862. Jan'ry 6 March 1 Jan'ry 24 Feb'ry 3 March 15 March 28 By Union Bank Bank Newberry Bank South Carolina People's Bank Planters' and Mechanics' Bank Farmer? and Exchange Bank Bank of Charleston Railroad Bmk State Bank Bank of Chester Bank of Hamburg Bank of Georgetown Merchants' Bank, Chcraw Planters' Bank, Fairfield Exchange Bank, Columbia To the following Notes and Interest, held by the Banks, for Loan of $300,000 under Act November, 1861 : To Bank of Hamburg Merchants' Bank, Cheraw Farmers' and Exchange Bank People's Bank State Bank Bank of Charleston Planters' Bank, Fairfield Southwestern Railroad Bank Bank of Georgetown Bank of Chester Bunk of South Carolina Exchange Bank, Columbia Union Bank Planters' and Mechanics' Bank Bank of Newborry Bank of Camden Commercial Bank, Columbia To Amounts transferred State Treasury. Balance $11,004 87 8,809 78 21,815 87 21,749 54 21,753 68 68,749 33 6,525 76 18,978 73 4,401 88 6,525 77 21,753 68 10,876 34 21,753 67 21,753 63 8,682 98 9,959 49 17,708 09 $302,803 09 $688,500 00 230,000 00 292,872 42 43,334 56 $1,557,510 07 $121,620 00 40,000 00 121.793 60 I 0,121 53 121.908 60 121,970 78 369,940 80 93,998 59 108, 95 00 36,664 35 53,540 00 21,670 56 43,348 47 32,337 55 54 170 98 $1,521,180 81 36,329 26 $1,557,510 07 To Balance due Bank of the State of South Carolina, to be refunded out of the Stock subscribed for by the Bank, viz. $285,290 00 $36,329 26 141 CONDENSED VIEW OF STATEMENTS 1, 2 AND 3, EXHIBIT B. Amount of Stock authorized by Act 1861 $1,800,000 00 Less amount of Stock unsold 285,290 00 Amount principal of Stock sold 1,514,710 00 Add Interest accrued on above Stock when issued 6,470 81 Whole amount realized from sale of Stock 1,521,180 81 Less principal of Loan paid to Banks 8300,000 00 Also Interest on said Loan 2,803 09 302,803 09 Balance proceeds sale of Stock after payment of above Loan , 1,218,377 72 Amount paid into the Treasury by Bank of State 1,254,706 98 Amount advanced by Bank on its subscription of $285,290 00 36,329 26 142 e K C - ; £ Ex > s ■S 3 S o 5 5 =■ Pi « s/ . £ g a It c c >- o 3 3 ^- 2 r O S'l 9° 5, ft ~ «> P T3 S -S 4 a ^ a , p, cs .a « E s ; - .5 "5 3 © .t^ ft > — ft m . IT •o 5 s. t- S § o «S c o a * §0.3 £. : -5 *H ° — °> .a w a> -3 >.i _" Jj c est g .3 ° 2 *•§ 8 § § |J i -=5 ^ ftTJ PS H fe 5 H - - - - * a >>2 5 sr a> -S 60 "3 PS* o >- - *- o .. 3 _ ' § a - > bD oh.' a «' 3 .Q 3 .3 s a ; 1 -a : = : c3 • : S i_ 33 • rs : ! S ■ a • ■- ft : >o : : y • 3 -c • a ■ : EX a : -a : : - ; ^ tf • ■ - ' V — ; ■ -3 o • •O £ • o . S i t. : O : • i-s fc : ■ p . c - t^ : : ti a : • T! o> . . ai ft ■ > X ■ ' °3 o : t> a> « e SO - ■/. - 3 °"3 .2^ °° m 3 v^_ ~B « a d vri a -z 2 ft.- - « 335 3 * . 2 _-te U5s::jr = a a = a ° E PhO g >« ► ." A jr o _ — u u 0> 3 ^> - _ w o ■j t« a A 3 o < < £ .2 • ^: . ^ • " J. 3 3 3 3 P* T : s o ci •- S K 55 M 2^ a-S a-g g o -s - -s •= C >> o S g 5 w ^ .-§ ^ .| 3 n c o b o 3 J> 3 ft 3 ft a H a' < <5 rH r-< r-i « 3 3 t — •ooOfHiooooia 3 3 'fl ,r» O O t~ 3 1 9 00 = •* 3 O 3 SC 3 3 tc^ON = = ;ci O 3 3 3 ClNrt 3 *- 3 3-3 a, K 3 -0 3 iOC"*33>3330C^ 3 t -5 *-. 'T> -* >o _, = 00 e cna-co cot -3 3 3 => w — ..-5 r> Tfi (M O 00 3 t~ O nijflo SO '~ 3 O 3 3 *- t— 3 •* 00 3 MNNM iH *- «§ rH BO — CC -* i-l CO • CO rH CN •>* tO f- 1 ft. - • • . im <2 • " 3 £ t.* > -2 S — . t> hi "S S «" O *« S M g I * « a? 2 "3 ^ i E ' 5 *- 3 - .- B O g a {J £ s£ "3 -= jf O u OH s CJC° *- ^j O ft """ t2 ft a 3 *- CJOO o P «0 - - z-Z-2 ~ a 2 9 ^ '£ '3 H y. w § H P3 - e e- o Eq CO H v. H S W DQ jq ? ,2 jr ,2 . • g r9 « SQa I Q '- ~ .- 2 •- 'I 1-1 e.03 a a 2 _, P. ft, ft. ft- u g I ! 5= 5. — -3 >; H e t s M » o £ P -»*" - c .2 ■- a £ 2 S £ S ■ I I o = a = '> W ^ » *3 3 5" = 6 - 5 x > -f.'— I .: ■£ 8 © iS 2 » a '-: ^ < x c o s P I !•§ s t & — t: E ■z.2. 2 eN-*o .— iowoom P *- ^ -P a a « ? ~ , — - - c a -a CO ■ . = — .© ' % 5 a»ic.2g ® I EH J -a g,S-i ;"-».? S' J =Sh . _= bD-tf .2 d Pi .9 ph a 5 =S .. o CO U3 ^ j .h i) a .= = 35 :-2 s . ri tC— i> ; rs -a o •- a ! * 2£ 5 § 1 o tfl-a ; tg -d ^"O <- £ *> c « : s t a -to - 5 «^i O a to a o -3 o__- p gi .9 •* o<§ p c o a> 3 S = p - - — o >. ° — t- d >- o -P ,a o B * g | 5> | 2 S B<|5 a> b <2 u s s< i. "" 5 "3 r^"=* :0 M' .►h og c ei Pfe 1 — ►-, : o 5 • - a ^- - — n - - r: - - "w- g p-2 =3 -3?C3 O-a 13 a j, o 3 o g "^ 5 2 r2 r£ § " s^ 2^ a - a E 3 n a 1 1 &* .3* j *•£ a » -TH ^ rS «■> M » . Jl K tl « - ! P Of o o 0; >~> -a 5..S ;s c .-5 Ph Ph R R d d c? z^ -< _ p. a< o eS d N >o 00 145 o o o CO o o ©io*o©coo©eoioo© o O O CO © © ^ o o CO o O 00 co O i-H tt)t-NI»00>a)10SOH o OMO> O O CO O Oi !-< o O CN CO o eo M005Ni#H'*ONOil uo O CO o ■*ON © I— ,_| o >o O CO »HHON HO^MH *- © © Ol oo>on © «o eo o o CN -* cn cn -* -* offioo MHO) © o» © o es CO m >o ■^ o CN r-t eo coo HtiniiioooHNti)'* is as s .2 t d .-. P g (H a h O — o 1 i- i £> -J *sfl! a 2 a '-3 « "*>.£: a a, o 2 tj » xi >-.c a> »; o u cjd5j=0 »_, a os - *> o S-^ g •"» .5 a ° <« w>a I -2 | 3" Mil a' a "5 » r^ == S ° ~ « o * scoPfljSaOo 01 — « -oc2 S .2 o 2 « o m 2 h •§ a rK *-" £ S? " a fc *o a f ° o-cfl -2 "" ^ ™ r es « P _ a ,. u i(B 3 um °W ™ S .» s j. S -2 m . -2 . a^ ^3 a^^° ™ c .a K t: ■ 3 m 1 ^ g o 5 a .2 Ph a .3 a 2- > g S a •= g d "=* B - S'0' 3 '*" 3 3 ^= H 03 C3 ri ri ri rt rt & ci ci & ci CU _ p. — p^ — — , — _ — C< — M cm O r3 O *B 1-5 o tc^ •"M 2^ a .-.flea. £■« s- s ° a „ 0,3 s -r ^ W s M ' © to a a'-g S to C3; (n «0 <- - o c--£ . a a ^ b , « ^ s 3 os 5 a 2 -3 5? * ^ o S. a o. "2 3 r2 3 12 "5 "2 ! ^ c3 o3 cd cj c5 Plilft C w Ch 19 05 O OS p 146 eo e i CO o c-. © o o <= o CO CM CN OSH CO i-i'i-T irTirT OHiOCNKKKO O C O 0»NONN*BO O00O. ocimeooiHUDnn e m co G»— "OOOSCCCOCOOC oc^oo e t- oo oj o o cn <-h o 3 S .2 "fc 2 g^ J a » P5 go (-1 a » .2 p a*- o _ = - - 2 .- e) O - 3 c _r §otng 5 * | « S2-?"i2™SM>S (1 - CO ~ « -i cH~_ a ° i IU .S J3 - gji a to . *:3 c3 co 3 *£ a S 23 c3 c3 c3 c3 & ccj Ph p. a p< p. p< s 3 g .^S^-Ss r =, 2r2Sr2'°3!2!2(5 p, a a p. a a, p, p, a ^^1 MMOHM'* O HN^CONt-OlM 147 1>. Ti o co ^* O) oo 00 to a CI to" co i-H 3) ioooojo r* o> o O O — 1 o — o o to o = o >o to m I— 1 to o o o o o o» to HUJHiOCON OO-*c^eMt000OOO to *- -* t- O O !-H o O .t~ C5 N irt ^ !D OS t^ O CO O tc v CO o t~ CO ■>* es <= ■— ■ o O CO co O^IN r-l!OH c* r— >n e 01 '—I o* es CN iO t- r* Tt< 1—1 O rH CO tO rH 1-4 CO >0 O j3 <° CO CO to t- <> s g. IS* b ci n ■ 2 * a. 2 g * 3* m «J m a ~ a a o 9 : 03 O gSgSs « s. ! B «BS Lf ^ *s 3 K ■" £ a w 5 £ 2 — - n ^ a. a *•* ^--o . * !•§.!■* l^-p • 5 2 « I 1 * «- « s a «5 = o5a>a)a)SH=H-r- uJ S IT -r - •* -3 ^ T .2 • -7" « ■ ft "P .•£ fl o fl o fl .O «a ' 5 PcjcSScJo'*-c c -^-c .5 4 QAAPH jfW £ w {JW • S "J'Bfl'B'Bfl Bfl SJ »2 (^ p«"3 'S "S '3 '3 *"" '3 *^ '3 *" '3 e- c- &< o, Sh p-< a Ch H a a I o a h tg c3 p a o ~ a 'a a s J-* «« £ ° » -s o a O) ., "3 m t. w C PhPh«02 a. <~> O O ^~ *+* m - u *i- g * t« C * CJO g - c b = .2 .8 .3 .2 «S £ , ..£>§, .30000^ .5 2L, 2 3 £ tt W M bd ft S a ^ i- SO c3 .O us »d «o *d ts *d = 'H~~'H'i' , i'i'iri '3 '5 '5 '3 '5 '3 ■" '3 '3 '3 '5 '5 '5 '3 '3 cs Z. — — — — — ^AQ.P.bb-.AP, S ^ .O -73 S gs 5 £? S o ^M M 148 O i-< CO OOCOOO o i— 'i— i o n .. : a a : i<2 i g e ; : c3 : • a. : =s : : :r 3 * a. - © -a Em — o c i* i. i«3 :{ ; o 53 «. >) ; g.s 4 a £ u © © '- t <~ : S c » "3 f ■ '•S'3 « o ^ o ft, m ° <3 o S' i— i a ©M §h V IIS i H T3 =~ -3 ►o^tf 7" >- c a S.o >*. o tS a Eli | P.t2 H o S „r « .^ ^ « J5 **% o« a P S . ^ coPm ^ B. P* •« S ~ 2 o ^ a- " ^ d e3 ^ P. P. P, P. _H_ CO CO Ot CO ^ r. * CO NTJINICO O} O «? I— 1 i~- r: =« t„ 3 t- a> « o (ST! * '«o'-5 « - ' >* ~ 3 « a ' 1.3 SP g CS -- S O rf «- »- .O „ J* fc. t£ g -e 3 g - .. C "£ -c « * * .8 £ » * : A • «- ,3 b a h » 5 £ o . _ tc 'J. ■ DC ^2 - - 5*s S *° § - - -r -r -=■ -r j '3 '5 '8 '«a "3 - 3- — 3. — 3. ~ '"J 3 . ° Hog L° . s 0>-S «* a .o a a - H *" C3 cj o o u t- ^ £>. M , -a o 1 1 — : • c3 >5 I'll 3"? : _■ = .; C i £ a o M • S m o S o •-" 3 3 i.il o «<2 ! - - ■= ^ ~ '43 to 3 a : T3 >» i M 3 = I C5 = 3 '- C ■* O 2*2 "=5 ^3*-° 2 '^3 «3 * 3 in "3 _ .So O *J ^ o r to '■ o -_ •_ 3 2 ' _J «9 e> H o ~ T 0~ 3 C 2 Efl o o ■ 8 £ 5 1 : o tt 3 B tj D S " > -5 — 3. - 3.2 b ^ 3 .2 o o -^ — c: ^ ^: c3 . ^ a O « 3 to S ~. . w to<: - c a ^ o" c3 tc 3 S pel r 3 S r - CO W - O pq OTJ O . * . go. J — — . o i » b > - x w 1 3 w = - n CO fm ^ ep I ! S 3 i33^ ta,3 3 6 3- 3- a. c, c- ~ 150 OCOCOifltCiOtOiO^^OOOOOOOOHOWOOM iflH^OOMOHHO'tOiO-"»»«10MOHN010S1 O C5 CN«N«»-iON-* WHOJCOW »- rt O N N O O <£ ri r* Nr- I c: i-l «N F-t i-l S0DCNC0X(0000JOHK^»/i®N01MOH'HN'flaO _ _ ll— II— II— I.— I!— Il— lt-11— IHHHNHHHF II— I ■— I t— I I— 1^1— lr-( <> Cs' ^| ■si? s to g 1 a = S a tea ^ s «s ;.G5iS o :©-.&' o a c «tf g |^ n g o g -^ n to o -~ •£ &, ™ b -3 « i t/j M d 5 i- « » - o ►- S o o ' rt " -* *j — * i so ja O SsO O e* CO o r r «» cqNooo co *- WiOTJth. i— co <#rJOO eo cc OK 00© CO o> toon CO l-H tOO'O'D OS -* NMH CO m her own shoulders the duty and labor of her defence. It took thirty years for South Carolina to accumulate the ordnance material, small though it was, which was in her arsenal when the troubles began. If she give up all her material, when will she be again supplied ? One of the most powerful arguments used against the State's acting, either alone or in cooperation, against the encroachmeuts of the Federal Govern- ment, was that she had not the material preparation which would enable her to support that hostile attitude. As long as the political atmos- phere appeared serenef it was impossible to induce the Legislature to make appropriations for procuring military material, and when the storm appeared there was no time for it, and the State was warned by those opposed to action, that she was totally unprepared for war. Against a recurrence of this difficulty I would endeavor to guard by recommending that the State should always have on hand one hundred pieces of heavy artillery, of the most approved patterns and manufac- ture, about eight full batteries of the best field artillery, and ten thou- sand stand of small arms for infantry, together with a proportionate number of carbines, pistols and sabres for the use of cavalry. The oc- currences of this summer and autumn demonstrate clearly that the State should not rely entirely upon the arms of the Confederate Government for her protection against a foreign enemy." The whole amount put down in the books of the Chief of the Treasury as chargeable to this Department up to the 15th August, (with the exception of $476 65, with which the Department had nothing to do, being money paid D. Lopez, Esq., directly by the Governor and Coun- cil before trre Department of Construction and Manufacture was estab- lished,) is $95,212 02. This includes many items not properly belonging to this Department; as for instance, amount paid for cotton cards to be sold at cost to soldiers' families, 83,780; cost of removing bells from the city of Charleston, when the city was in danger of capture, SI, 704; cash paid for iron to make spikes fur the Confederate gunboat and to be refunded the State, S982 ; cash paid for bacon not necessaYy to be used at the "works" and subject to the orders of the Chief of the Military, say $5,000; making an aggregate of $11,666. In view of the probability of the fall of Chattanooga, Tenn., we have accumulated a considerable quantity of coal, very little of which 106 has been used up to this time. We have also on hand a considerable quantity of steel, iiles, iron, copper, brass and other materials fur the manufacture of arms and munitions of war; which will make the out- lay for tii- rest of the year much less than it has been in the time past; and we have already saved for the State in the repairs of arms, making pikes, caissons, battery wagons, twenty-two thousand eight hundred and ninety-three dollars ($22,893), all of which will appear in Exhibit 13. The expense of carrying on the " State Works" has been necessarily very considerable, owing to the high prices for skilled labor, material and provisions. Iron, steel and many other articles are sold at more than quadruple the prices formerly paid for them, and we have been compelled to purchase files and other essential articles that run the blockade, at whatever prices were asked for them. When it is recol- lected that rifles which sold for fifteen dollars before the blockade have been lately sold for seventy dollars, and cannon powder which heretofore sold for twenty or twenty-five cents a pound, has receutly sold for two dollars and twenty-five cents, some idea may be had of the cost of materials which have run the blockade or have been en- hanced in value by it. By the first of October the " works " will be in condition to cast shot and shell, and soon after that time to cast cannon. No small arms will be made in less than six or seven months unless the exigencies of the service should require them ; in that event by multiplying labor without regard to its profitable employment, the manufacture of small arms can be commenced much sooner. It must be remembered that the same hands to a considerable extent necessary to carry ou a foun- dry and work-shops, can at the same time make the machinery and. tools necessary to manufacture small arms ; and in that way the work can be done much cheaper than by employing hands exclusively to make machinery and fit up tools for small arms. It is not contemplated to establish a first class armory like the one at Springfield or Richmond, but upon a scale commensurate with State means, and which may be increased if necessity should require it. If the war should continue for some time, and more especially if the blockade of Southern ports should become so effective as to prevent further importation of arms, it will be absolutely necessary for every armory that can be put in operation to be engaged in the manufacture of small arms; and even if the war should end in a short time, we will to a considerable extent be compelled to keep up our military organiza- tion and keep arms in the hands of our people to be at all times pre- pared to repel the aggression of bad neighbors. 167 With, an armory to keep the State at all times supplied with good arms, and with the materials for making gunpowder at our command, we may feel confidence in our means of defence. ' The saltpetre plan- tation near this city, established by the Governor and Council, and in charge of the Chief of the Military Department, promises to supply that indispensable article in quantities sufficient for our purpose, and can be increased at pleasure. Sulphur can be obtained from several places in the State at small cost, and willow, the only other material necessary for the manufacture of powder, can be obtained all over the State. The manufacture of salt, though properly belonging to my Depart- ment, was put under the charge of the Chief of Justice and Police, before my Department was established, and has never come under my supervision. We had under our control and in our possession a large quantity of lead received from various parts of the State, some by gift and some by purchase, but the pressing wants of the Confederate Government have induced us to turn ofer to it a large portion of the lead. A great deal yet remains in several of the upper Districts in the shape of pipes, which the patriotic owners hold subject to the call of the State when- ever it is necessary to have it. It has not been removed, as it would be very inconvenient for the parties to do without it, being used to conduct water to their dwellings, and it was, therefore, thought advisa- ble to let it remain until the emergency required its removal and use by the State. Upon the application of Captain D. N. Ingraham, of the Confederate States Navy, I had made and supplied him with spikes for the iron clad gunboat in his charge, and I have received, through the Superin- tendent, payment for them. The instructions of the Governor and Council, directing me to pur- chase a lot of cotton cards at a price net exceeding four dollars and fifty cents a pair, and sell them to the families of soldiers at cost, distributing them in the districts where they were most needed, according to the ratio of the white population, has been attended to, and partial returns of sales have been made to me. To cover the expense of freight and other charges, the price was fixed at four dollars and seventy-five cents a pair. Some of the cards were slightly damaged in reaching their destination, and a few of the persons to whom they were sent report each one pair missing, but as twenty-five cents is more than the actual cost of freight per pair, and no charge has as yet been made for selling, 168 it is believed that the State will sustain no loss. The wisdom of the measure is fully justified by the call for more on all hands, and the assurances that what was disposed of has done much good, and by the fact that factory yarn has doubled in price in the last six months, and is almost beyond the reach of the poor to purchase. For a more detailed account of the operations of this Department, I refer your Excellency to the Exhibits marked A. and B., aud the Report of the General Superintendent accompanying this report. All of which is respectfully submitted, WM. H. GIST, Chief of Construction and Manufacture. Note. — I have been unable to obtain my report to the Governor and Council in relation to the establishment of the State Works at Green- ville. It was ordered to be filed, but the then Secretary, Col. F. J. Moses, cannot find it. WM. II. GIST. 169 EXHIBIT A. W. II. Gist in account with Treasury Department for Cash receiml on account of Department of Construction and Manufacture, and other pioposcs, to loth of August, 18G2. To cash to date as per account $95,208 02 By amount received and accounted for by General Superintendent of the State Works in his account reudered and shown in paper No. 3, attached to his report $82,539 92 Paid Freight on Machiuery and Stock 1,241 31 " for Steel 693 01 " S. Bobo for Iron 982 50 " one double barrelled gun 30 00 " for Coal 3,184 88 " for Pike Staves 854 50 689,526 12 Disbursement for Suridries not connected with Department of Construction and Manufac- ture. For Cotton Cards §3,786 65 " taking down and removing Church Bells from Charleston to Columbia 1,704 75 " Desk for Office 18 00 « Lead 172 50—85,681 90 $95,208 02 22 170 EXHIBIT B. Statement of value of "Work done and comprised in Paper No. 1 of the Report of General Superintendent of State }Vor\s. Altering to percussion, rcpairiug and cleaning 1,620 muskets, at |8 per musket 812,960 Repairing and cleaning 239 rifles, carbines and double-barrel guns, and 874 bayonets 817 Building six caissons and limbers complete 3,600 Building one battery wagon 750 1,000 pikes 3,000 Spikes for guuboat, for Capt. Ingrabam 1,766 $22,893 REPORT OF THE GENERAL SUPERINTENDENT OF THE STATE WORKS. Office General Superintendent State Works, Greenville, August 15, 1862. lion. W. H. Gist, Chief of Construction and Manufacture : Sir: In accordance with jour directions, I herewith beg leave to report that under instructions from Col. J. Chcsnut, Jr., Chief of the Department of the Military, received February 25th, 1862, I purchased all the machinery aud stock which was available and suitable for the purposes iudicated in said instructions. At that time, the impression prevailing that (Charleston would be immediately attacked, it was deemed advisable to place it all beyond danger, so as to secure to the State the ability to manufacture such articles as might be essential to her defence, should what was in Charles- ton be destroyed or abandoned. With that view, it was immediately removed to Columbia, there to await the decision of the Governor aud Council as to a suitable location. After some delay in discussions and examinations, I was directed to locate the works on a tract of land donated to the State by Vardry McBee, Esq., adjoining Greenville, and directly on the line of the Greenville and Columbia Railroad. I commenced to clear the land on the 20th day of March, and erect buildings to accommodate the laborers. Prior to that period, by your direction, I established in Columbia, iu the workshops connected with the " New State House," a temporary shop for repairs aud alteration of small arms belonging to the State. This work was immediately commenced, aud from that time has been in successful operation, repairing, altering and cleaning arms, manufacturing pikes, caissons aud battery wagons, statement of which is embodied in paper No. 1 accompanying this report. At the same time, the machinists aud blacksmiths were employed, until their removal here, iu doing such work as was necessary to the construction 172 of workshops in progress at this place. The unusual wot season, added to the scarcity of labor in the country, very much retarded the progress of building for want of materials, but now that the crops are laid by, aud the labor of the country seeking em] loyment, I am receiving such as are necessary to their completion, and hope soon to have them all finished, and give my undivided attention to manufactures. When Nashville, Tennessee, was evacuated by the Confederate authorities in April last, a part of the machinery and stock was saved from the armory, which that State had commenced to establish, and carried to Atlanta, Georgia. I opened a correspondence with Governor Harris, and found that the State of Tennessee would place at the dis- posal of this State all the machinery and stock saved. By direction of the Governor and Council, I proceeded to Atlanta and succeeded in obtaining it all. Governor Harris directed his agents to turn it all over to the State of South Carolina, subject to future settlement. As agent of the State I received it, and secured the services of such work- men as had been engaged in the Nashville armory and workshops, removed the machinery and stock to this place, the workmen to the shops in Columbia to be employed in altering and repairing small arms, while, at the same time, 1 commenced erecting a shop at these works to receive and put in operation the machinery. Paper No. 2 is an inventory of all articles received from the State of Tennessee, and I refer you to my report under date of May 1st, 18G2, for the full par- ticulars relating to that subject. The workshop for this department is completed, the machinery set up and in operation ; much of it was injured and some parts lost, in its removal from Nashville, aud some had never been completed, which have been repaired, replaced and completed, and I am now making and obtaining what new machines are necessary to commence manu- facturing arms. Desirous of putting to immediate use the skilled labor brought from Atlanta with the machinery, I have necessarily been retarded in com- pleting those shops which were necessary in carrying out the original intention of these works; that being now accomplished, it is not in- tended to permit the small arm factory to do so in the future, but to make that branch as far as practicable separate and distinct, the inten- tion being to put it upon such a basis as will enable the State to manufacture arms to a limited extent at first, but so arranged that the facilities can be increased at any future time. I have of the land donated to the State enclosed a space of six hun- 173 drcd by seven hundred feet, and have now erected a carpenters' shop one hundred feet by forty feet, with suitable machinery for constructing field and siege gun carriages, caissons, battery wagons, forges, sabots, tents, and all other articles necessary for field uses. It is driven by a twenty-five horse power engine, and is in operation at present in pushing to completion our works, and will soon be used in manufacturing the articles referred to. I have erected, as before stated, a shop for the small arm machinery, one hundred by fifty feet, and have that in operation, driven by an engine of fifteen to twenty horse power. Another machine shop is completed, one hundred by fifty feet, and the machinery for the heavy work is now being placed in it, to be driven by an engine of thirty horse power now to place. I expect to have this shop in full operation in three or four weeks. The blacksmith shop, one hundred feet by fifty feet, is up and occupied, it contains eighteen forges, with space for twenty more; it is supplied with three trip hammers, nearly completed, two for welding gun barrels, and one large one for heavy smithwork generally. This shop adjoins the foundry, which is of brick, one hundred and fifteen by fifty-five feet, twenty-eight feet high; this building is all completed, but the roof has been delayed for lumber, which I am now receiving. On the premises are also erected an office forty by twenty feet, a store house sixty by twenty-five feet, a smoke house, forty by eighteen feet, an iron receiving and store house, thirty-five by sixteen feet, a living house for negroes, sixty by sixteen feet, a hospital, three kitchens, and stables, tool house, &c. The water arrangements, which are near completion, consist of an ample well, yielding a full supply, the water from which is forced through wooden pipes, six hundred feet in length, to the highest point of the lot, obtaining a head of forty feet; it is received in a^brick reservoir containing three thousaud five hundred gallons, built under- ground, and from thence conveyed to the various workshops. On the premises, at various poiuts, hydrants are placed to deliver water for general purposes, but more especially for suppressing fires, which, with the aid of an excellent fire engine borrowed from the Vigilant Fire Engine Company of Charleston, will be a valuable accpuisition to these works. There are engaged at these works on this day one hundred and forty- three hands, of which fifty are white workmen. For amount of cash received and disbursed to date, I refer you to paper No. 3. 174 A large number of miscellaneous arms, all of them irreparable, have been turned over to these works from the State Arsenal. Preparations are making to put them in good condition for the use of the different branches of the service, which they may prove suitable to. Very respectfully, DAVID LOPEZ, General Superintendent State Works. 175 No. 1. — Statement of work done at shops in the New State House Yard, Columbia, S. C. Muskets, repaired and altered to percussion 1620 Rifles, repaired and altered to percussion 213 Carbines, repaired and altered to percussion 2 Double-barrel guns, repaired 24 Bayonets S74 Caissons, with limbers, spare wheels and poles complete 6 Battery wagon, with limber 1 Pikes and staves 1000 Gunboat spikes made for Capt. D. N. In graham 4£ tons State Works, Greenville, S. C, August 15th, 1862. / / 176 No. 2. — Inventory of Machinery, Ton/* and Slack of Tennessee Ai man/, Atlanta, March, 1862. 1 Hand Lathe. 1 G foot Engine Lathe, complete. 1 1(H " " " " 1 14 u " u unfinished and under construction. 1 12 " " " complete. 1 10 foot set of Ways. 1 Breeching Machine. 1 Milling Machine, incomplete. 1 Compound Planer, complete. 1 Drill press, complete. 1 Planer without tabic 1 8 Spindle Drill Press, complete. Parts of Profiling Machine. 1 Punch and Shear, complete. 1 Bolt Header and Dies, incomplete. 1 Gear Cutter, complete. 7 Arbors or Boring Bars. 10 Sets Overhead rig, complete. 0584 lbs. Shafting and Pulleys. 1 (Old man) Drill Stand. 3 Hangers for Counters (casting), 103 lbs. to 309 lbs. 17 " " Main Shafting, 1,571 lbs. 5 " (without boxes) 51 lbs. to 255 lbs. 1 Overhead rig for Gear Cutter, complete. 5 Legs for Drill Lathes, 36 lbs. to 180 lbs. Parts of old Milling Machine, 995 lbs. 1 Grind Stone Frame, complete, 374 lbs. 3 Polishing Heads, complete. 2 Rifling Rolls and Stands. 1 Fixture for holding barrels to mill cone scats. Parts of Lathes (some work done), cast iron, 101 lbs. 17 Bench Vices, wrought iron, 965 lbs. 5 " " cast iron, 261 lbs. Wire, all sizes, some cast steel, 181 lbs. Cast Steel, 6,600 lbs. Blister Steel, 450 lbs. Block Tin, 80 lbs. 177 Inventory of Machinery, Tbols and Stock. — Continued. Brass and Copper, 170 lbs. 1 Gig for Lock Frames Drilling. 5 Hack Saws. 12 Gig Saws. 2 Hack Saw Frames. 18 Doz. Gun Wipers. 1 Stand for Drilling Ramrods. 6 Sets Stocks and Dies. 134 Taps, all sizes, from H to 1 1-16 1 Case Drafting Tools. 1 Alphabet. 1 Set Figures. 1 2 feet Standard Scales. 1 Gig and Mill for Stirrups. " 1 Gig and Mill for Main Spring Pivots. 1 Ratchet Drill. % 3Ch 50 Bench Hammers. 40 Monkey Wrenches. 7 Draw Knives. 19 Iron Braces. 34 Hand Vices (16 with handles). 106 Screw Drivers. 30 Pairs Pliers. 462 Sheets Sand Paper. 280 " Emory " 43 Bits. 1 Patent Brad Awl. 2 " " " and Handles. 14* Chisel Handles. 3 Smooth Planes. 1 Jack Plane. 103 Cones (small). 300 << (Government). 1 Gig for Filing Tumblers. 1 Stamp, " Tennessee Armory." 1 Hand Saw.. 1 Copying Press. 23 ITS Inventory of Machinery, Tools and Slock. — Continued. 1 Gun Gauge, brass. 110 Drills. 18 Ream* 25 Hose Bits. 11 Cherries. 14 Drill Sockets. 2 Tumbler Punches. 2 " Mills. 10 Counter Boxes. 5 Boring Arbors.. 12 Cast Steel Centres for New Lathes. G Rests for Lathes. 2 Drill Sockets. 1 6 in. Fairman Chuck. 1 Set Mills for Milling Tumblers, 5 in. set. 1 " " " " Lock Frame, 14 in. set (top and bottom). 1 " " " " Main Springs, 5 in. set (sides). 1 " " " " not finished, 11 in. set (top and bottom). 7 Plain Mills. 1 Mill for Key Seats. 15 Unfinished Mills. 8 Arbors for Milling Machine. 12 Sets Jaws for Milling Machine (two sets cast steel). 5 Handles and Stands for Milling Machines. 4 Sets Jaws " " " 2 " Jumpers and Dies for forging Tumblers. 17 Hand Tools and Handles. 62 Turning Tools (Engine Lathe). 1 Index Head. 11 Tap and Breeching Wrenches. 2 Knees for Planers. G Emory Wheels. 40* lbs. Sheet Brass. 2 Stands and Tools for percussioning old guus. 2 Papers Brads. '.) ( i-rosa Screws, |. 35 lbs. Small Nuts. 12 Bench Brushes. # 179 Inventory of Machinery, Tools and Stock. — .Continued. 15 Cone Wrenches. 75 Back Action Locks. 60 Common Locks (Rifle). 4 Old Musket Locks. 20 Sets Triggers for .Rifles. 65 Machine Oilers. 35 Tin Lamps. 74 Paint Brushes. 4 Striping Brushes. 7 Parallel stripes for Planers. 56 Tumbler pins (turned). 12 Lathe Wrenches. 1 Grindstone Shaft (turned). 1 Lot Bolts and Nuts. 1 Chuck for holding Lock frame to take cut on sides. 2 Soldering Irons. 1 Clamp and Cutter for Cherries. 49 Main Springs for repairing Old Guns. 140 Lock Frames, milled. 33 Strips for Stirrups (cast steel). 20 Bench Oil Pots. 70 lbs. Babbitt and Type Metal. 35 lbs. Lead (old pipe). 400 Ferrules for File Handles. 628 Musket Flints. 1 jumper Stand for forging Locks. 2 Sets Jumper Stands for forgiug Locks. 1 " " " " " Triggers. 2 « " " " " small work. 1 Roll File Card. 1 Tin Box for small articles. 3 Pieces Lace Leather. 2 Gig Saws. 2 Pieces Sheet Steel. 6 Pairs Strap Hinges. 9 Drawer Locks. 150 Carriage Bolts, 2 to 6 in. 1 Counter shaft (turned, 30 lbs). 180 9 Inventory of Machinery^ Tools and Stock. — Continual. 6 Oil Sfol 13 Anvils, 105 to 150 lbs. 6 Blacksmith's Sledj 25 pr. •• Ton 8 " Set Hammers. 9 " •• Swedges. 19 " Chisels. 1 Level. 7 Screw Plates. 8 Steel Punches. 4 prs. Fullers. 3 Hand Hammers. 21] 2 ft. New Leather Belting, assorted sizes, 1 to VI in. 507* " Old " " " " 2 to 13* in. 63 " Gum Belting, 3 J and 6 in. 9 doz. Gun Wipers. 7 gross Knitting Pins, lis to 14s. 10 papers Finishing Nails, 1 to 2J in. 4£ lbs. Beeswax. 78 87-144 gross assorted Gimlet Screws. 348 9-12 doz. assorted Files. 43 patterns for parts of Machines and Tools. 8 doz. Chisel Handles and 1 lot Core Boxes for patterns. 500 lbs. Emory. 181 No. 3. — Statement of Cash received and expended. Received from Treasury Department ,to date 882,539 92 " " J. M. Eason, Superintendent, for iron fur- nished him for Gunboat 518 11 " " Capt. D. H. Ingraham, for spikes for Gun- boat 1,766 06 Paid for Machinery and Tools §18,946 01 " Building Materials 5,617 44 " Stock 29,350 92 " Provisions 6,00140 " Salaries and Pay Rolls 19,634 06 " Incidental expenses 1,704 94 Balance on Hand 3,509 32 $84,824 09 State Works, Greenville, S. C, August 15th, 1862. 684,824 09 t^> 9^J ^% S^-%